Dispensing Chemicals and Agricultural Products (Part 137) with UAS

The FAA has become aware of exemption holders conducting commercial agricultural operations in a manner noncompliant with the conditions and limitations of their exemption. Therefore, the FAA is implementing operational validations to ensure that each exemption holder fully understands their obligations to conduct operations in accordance with their exemption, the required Part 137 certificate, their ATO-issued COA, and all pertinent sections of 14 CFR. This includes basic requirements such as obtaining a Remote Pilot Certificate and registering their UAS.

The FAA has begun to send requests for information (RFI) seeking basic operational information. Without this information, the FAA will not move forward with a decision letter and will close your petition request for failure to respond to the RFI. If you have any questions about the RFI, please contact 9-AVS-ARM320-Exemptions@faa.gov

14 CFR Part 137 governs the use of aircraft, including drones, to dispense or spray substances (including disinfectants).

Not all substances fall under this regulation, so you should first check to see if your proposed operation is regulated by Part 137. If the substance you plan to dispense does fall within the definitions in Section 137.3 refer to Certification Process for Agricultural Aircraft Operators for guidance on the requirements you must meet before dispensing it.

What's an Agricultural Operation?

Under Part 137, the following aircraft operations are considered agricultural by nature:

• Dispensing any economic poison as defined in Section 137.3
• Dispensing any other substance intended for plant nourishment, soil treatment, propagation of plant life, or pest control.
• Engaging in dispensing activities directly affecting agriculture, horticulture, or forest preservation.

Note: The FAA considers chemicals used as disinfectants for viruses to fall in the category of economic poisons as defined in Section 137.3.

Applying for a Part 137 UAS Certificate

There’s a new streamlined process for those applying for a Part 137 UAS certificate. This allows the FAA to streamline both the Part 137 agricultural UAS certification and the drone exemption process for visual line of sight (VLOS) operations conducted within the altitude and airspeed limitations stipulated by the exemption.

Applicants are no longer required to submit documents to their local Flight Standards District Office. Instead, the applicant must complete FAA Form 8710-3 and submit their exemption number to UAS137Certificates@faa.gov for the FAA to begin the certification process.

How to Apply:

Step 1: Petition for an exemption.

• Drones weighing less than 55 pounds (including the weight of the substance being dispensed) may operate under 14 CFR Part 107 and require exemption from Section 107.36 Carriage of hazardous material as well as several Part 137 regulations.
• Drones weighing 55 pounds or more are operated under 14 CFR Part 91 and require exemption from several regulations in 14 CFR Parts 61, 91, and 137.

For information on how to petition for an exemption, see the FAA's Office of Rulemaking website. View examples of exemptions for drones conducting agricultural operations.

• Requests to operate drones previously approved under 49 U.S.C. § 44807 for routine commercial agricultural-related operations will receive expedited processing of their exemption request.
• Requests to operate drones under 55 pounds in routine commercial agricultural-related operations will also receive expedited processing of their exemption request.

Requests to operate outside of these routine agricultural-related operations or requests to use aircraft without § 44807 approval may take longer to review.

Step 2: Submission of Basic Operational Information
Please note – the following information must be provided prior to issuance of an exemption. If the information is not included, the FAA will send a Request for Information (RFI). To expedite the process, please provide the below information as a comment to the docket. Be sure to mark files and file names as confidential or proprietary if you wish for them to be handled as such.

1. The applicant’s full legal name and address. Please note, a P.O. Box is NOT an acceptable address.
2. The Chief Supervisor of Operations. The “Chief Supervisor of Operations” is the point of contact for the petitioner that will be able to answer any potential FAA questions regarding the applicant’s operations in a timely manner.
3. What is the contact information for the Chief Supervisor of Operations to include a phone number and an email address? Please provide the Chief Supervisor of Operations’ address if different from the applicant’s address. Note, a P.O. Box is NOT an acceptable address.
4. Who will be the pilot in command (PIC) for the proposed UAS operations? Please provide the name and pilot certificate number for your PIC (for example "1234567").
5. What aircraft do you intend to operate under this exemption? Please provide each aircraft’s make, model, and N-number (for example "N123UA") as well as the name of the owner of each aircraft you intend to operate under this exemption.
   * For extension or amendment requests only:
6. What is your 137 Certificate number (for any extension requests)? (for example "123A456B")
   

Step 3: Apply for an Agricultural Aircraft Operator Certificate ( AAOC ).

Note: You must complete the exemption process before applying for an Agricultural Aircraft Operator Certificate (AAOC).

• The applicant must complete FAA Form 8710-3 (PDF) and submit their exemption number to UAS137Certificates@faa.gov for the FAA to begin the certification process.
• The applicant name on Form 8710-3 (PDF) must match the name of the Part 137 exemption holder.

To conduct agricultural operations, Operators will need:

1. a valid exemption;
2. airspace authorization or ATO-issued Certificate of Waiver or Authorization (COA) (issued along with the exemption); and
3. Agricultural Aircraft Operator Certificate.

Please note: failure to submit accurate and complete information in a timely manner will result in delays in processing your request.

To learn more about dispensing chemicals and agricultural products (Part 137), contact the UAS Support Center.