800 Independence Ave., S.W.

Washington, DC 20591

September 18, 2014

Mr. Brad Barker

Airborne Support, Inc.

3626 Thunderbird Road

Houma-Terrebonne Airport

Houma, Louisiana 70363 

Dear Mr. Baker:

This is in response to your October 3, 2012 letter sent to the public docket 

(No. FAA-2012-1091) petitioning the Federal Aviation Administration (FAA) to initiate 

rulemaking related to the application of aerial oil spill dispersant. Specifically, the 

petition for rulemaking requested the FAA to amend § 137.3 of the Title 14 Code of 

Federal Regulations (14 CFR).

In accordance with 14 CFR § 11.73, the FAA must use the following criteria when 

making a decision as to whether or not to amend current regulations based on a petition 

for rulemaking:

1) The immediacy of the safety or security concerns you raise;

2) The priority of other issues the FAA must deal with; and 

3) The resources we have available to address these issues.

Your petition for rulemaking, if granted, would amend § 137.3 to include the language 

“avoiding harm to and protecting sea life, coastal areas, preserving wilderness land and 

vegetation”, with the purpose of requiring or allowing aerial oil spill dispersant activities 

to be conducted under the part 137 operating rules.

Section 137.3, in pertinent part provides a definition of activities that are approved 

agricultural aircraft operations. For the purposes of this part—

 Agricultural aircraft operation means the operation of an aircraft for the purpose 

of (1) dispensing any economic poison, (2) dispensing any other substance 

intended for plant nourishment, soil treatment, propagation of plant life, or pest 

control, or (3) engaging in dispensing activities directly affecting agriculture, 

horticulture, or forest preservation, but not including the dispensing of live 

insects. 
2

 Economic poison means (1) any substance or mixture of substances intended for 

preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, 

fungi, weeds, and other forms of plant or animal life or viruses, except viruses on 

or in living man or other animals, which the Secretary of Agriculture shall declare 

to be a pest, and (2) any substance or mixture of substances intended for use as a 

plant regulator, defoliant or desiccant.

While aerial oil spill dispersant activities are not included in this definition, the FAA 

notes that these operations are not prohibited and may be conducted in accordance with 

part 91, pursuant to § 119.1(e)(4), aerial work operations. In some instances, operators 

conducting aerial oil dispersant operations may be required to obtain waivers from certain 

sections of part 91, but a part 137 operating certificate is not required.

Your petition also included reference to 14 CFR § 21.25(b)(2) and FAA Order 8110.56A,

both of which discuss requirements for aircraft certification. Certification procedures for 

aircraft products and parts in this case do not have a direct impact on aircraft operating 

rules, such as part 137. 

The FAA has a priority list for rulemaking that addresses many issues that are crucial to 

the safety of the aviation community and the traveling public. The FAA must prioritize 

its limited rulemaking resources so as to deliver the most value to the aviation system as a 

whole. After reviewing your request, we have determined that the issue you raise is not 

an immediate safety concern.

For the reasons above, we are dismissing your petition for rulemaking in accordance with 

14 CFR § 11.73(e).

The FAA is, however, clarifying policy regarding oil dispersant operations based on this 

petition and your letter dated March 16, 2012. Should you have questions regarding this 

policy clarification, please contact the General Aviation and Commercial Division of the 

Flight Standards Service at (202) 385-9600.

Sincerely,

/s/

John Barbagallo

Acting Deputy Director, Flight Standards Service