Section 137.39

14 CFR Ch. I (1-1-19 Edition)

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]

Section 137.39 Economic poison dispensing.
(a) Except as provided in paragraph
(b) of this section, no person may dispense or cause to be dispensed from an
aircraft, any economic poison that is
registered with the U.S. Department of
Agriculture under the Federal Insecticide, 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 instructions or use limitations on its label; or
(3) In violation of any law or regulation 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 conduct research in the field of economic
poisons; or
(2) A permit from the U.S. Department 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]

Section 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 contractual arrangement which permits an
individual to act as an agent or representative 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 responsible for the oversight of, a Flight
Standards Service aviation safety inspector; and
(2) Had direct responsibility to inspect, 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 behalf of the certificate holder to the

agency (or any of its officers or employees) in connection with a particular matter, whether or not involving a specific party and without regard
to whether the individual has participated in, or had responsibility for, the
particular matter while serving as a
Flight Standards Service aviation safety inspector.
(c) The provisions of this section do
not prohibit a certificate holder from
knowingly employing or making a contractual arrangement which permits an
individual to act as an agent or representative of the certificate holder in
any matter before the Federal Aviation
Administration if the individual was
employed by the certificate holder before October 21, 2011.
[Doc. No. FAA-2008-1154, 76 FR 52236, Aug. 22,
2011]

Section 137.41 Personnel.
(a) Information. The holder of an agricultural aircraft operator certificate
shall insure that each person used in
the holder-s agricultural aircraft operation is informed of that person-s duties and responsibilities for the operation.
(b) Supervisors. No person may supervise an agricultural aircraft operation
unless he has met the knowledge and
skill requirements of Section 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 Section 137.19 (b) or (c),
as appropriate to the type of operation
conducted. In addition, he must demonstrate to the holder of the Agricultural Aircraft Operator Certificate conducting the operation that he has met
the knowledge and skill requirements
of Section 137.19(e). If the holder of that certificate has designated a person under
Section 137.19(e) to supervise his agricultural
aircraft operations the demonstration
must be made to the person so designated. However, a demonstration of
the knowledge and skill requirement is
not necessary for any pilot in command who - 
(1) Is, at the time of the filing of an
application by an agricultural aircraft
operator, working as a pilot in command for that operator; and
(2) Has a record of operation under
that applicant that does not disclose

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