Per NAAA’s efforts, the FAA has released updated guidance for its inspectors that clarifies an inspector’s duties when an ag operator adds a new aircraft to their operation. NAAA reported on this expected guidance in the summer of 2022.
In section 3-4228, sub-sections A and B of the guidance, which is available here, inspectors are instructed to update and reissue an operator’s LOA A003 using WebOPSS upon request from the operator that an aircraft has been added to their operation.
The use of WebOPSS to complete the A003 form has caused confusion with some FAA inspectors, who have mistakenly concluded that Part 137 operators need to fulfill various other requirements related to 14 CFR Part 119 for operations specifications (OpSpecs). In section 3-4227, the updated guidance makes clear that Part 137 operators are not subject to the requirements of OpSpecs.
Sub-section C clears up another issue some ag operators have had, which is an inspector insisting an aircraft be inspected before it can be added to the operator’s LOA A003. The new guidance clearly states there is no regulatory requirement for an aircraft to be inspected prior to it being listed on LOA A003.
Finally, sub-section D of 3-4228 states that there is no requirement for aircraft ownership interest in Part 137. A Part 137 operator must have use of at least one certificated and airworthy aircraft equipped for agricultural operations. The term “use” includes ownership as well as any other agreement for use of the aircraft.
In summary:
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Notify your FSDO when you add an aircraft to your operation; they must add the aircraft to your LOA A003 and reissue the updated form to you (section 3-4428, sub-sections A and B).
- You are not subject to the requirements of OpSpecs (section 3-4227).
- You do not have to have an aircraft inspected before it’s added to your LOA A003 (section 3-4228, sub-section C).
- You do not need to provide proof of ownership, lease, or any other agreement of use for your Part 137 operation’s aircraft (section 3-4228, sub-section D).
