800 Independence Ave., S.W. Washington, DC 20591

September 18, 2014

Mr. Brad Barker Airborne Support, Inc

. 3626 Thunderbird Road

Hou ma

- 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

- 20 12

- 1091 ) petitioning the Federal Aviation Administration (FAA) to initiate rulemaking related to the application of aerial oil spill dispersant

. Specifically, t he petition for rulemaking requested the FAA to amend § 137.3 of the Title 14 Code of

Federal R egulations (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 acti vities 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 p oison 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 ot her 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 reg ulator, 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 O rder 8110.56A

, both of which discuss requirements for aircraft certification. C ertification 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 avi ation 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 imme diate 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 Mar ch 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