License: Agricultural Chief Pilot

MS Department of Agriculture Bureau of Plant Industry external site

P.O. Box 5207

Mississippi State, MS 39762

(662) 325-3390

General information, terms and definitions: These regulations are adopted pursuant to the authority granted in Miss. Code Ann. 69-21-109 and apply to the aerial application of pesticides, fertilizer and see in Mississippi. All persons engaged in such activities must comply with these regulations. “Aerial application” means the practice of engaging in agricultural aircraft operations. “Agricultural aircraft operation” means: Dispensing any pesticide, fertilizer or seed by aircraft; “Aircraft” means any contrivance now known or hereafter invented that is used or designed for navigation of or flight in the air over land and water, and that is designed for or adaptable for use in agricultural aircraft operations. “Applicator” means any person, as herein defined, who is licensed under this article to engage in agricultural aircraft operations, who may or may not be a pilot. “Agricultural substance” means any seed, fertilizer or pesticide that is used, applied, sprayed or administered by aircraft. “Bureau” means the Bureau of Plant Industry, a division of the Mississippi Department of Agriculture and Commerce. “Chief Pilot” means the person designated by an applicator to serve as chief pilot and the supervisor of agricultural aircraft operations for an applicator. 9. “Herbicide” means a chemical used for killing plants or severely interrupting their normal growth processes. “Hormone-Type Herbicide” - shall mean all phenoxy type herbicides and other chemicals or substances which produce physiological changes in plant tissue without producing a burning effect, such as caused by many oils, which the Department may declare to be extremely hazardous to crops or plants other than those for which the particular herbicide is intended to control, and shall include, but not be limited to the following materials: 2,4-D (2,4-dichlorophenoxyacetic acid) 2,4-DP 2-(2,4-dichlorophenoxypropionic acid in all forms; 2,4-DB 4-(2,4-dichlorophenoxy) butyric acid in all forms; MCPA 4-chloro-2-methyl phenoxyacetic acid in all forms; Dicamba 2-Methoxy-3, 6-dichlorobenzoic acid in all forms, and picloram (4-amino-3,5,6-trichloropicolinic acid) in all forms. “Person” shall mean any individual, corporation, firm, partnership, company, trust, association or other legal entity. “Pilot" means the operator of an aircraft used in agricultural aircraft operation; provided, however, a pilot may also be a person who is licensed as an applicator under the provisions of these regulations. License Requirements: Applicator - Any person who intends to conduct, or engage in the practice of aerial application, as defined above, in the State of Mississippi shall first make application for and obtain an applicator’s license from the Department on a form prescribed by the Department and said applicant shall: 1. Designate the name under which the applicant will do business; 2. Submit proof of payment of all ad valorem and other taxes which might be applicable on aircraft and other equipment to be used; 3. Establish proof of residency in accordance with Section 106 or appoint a resident agent for service of process in accordance with Section 107; 4. File a proposal of intended operation or activity; 5. Submit a copy of a photographic identification card. 6. Designate a person who will serve as chief pilot and supervisor of operations 7. The applicant must demonstrate competency by passing a written examination administered by the Department. The examination will cover aerial application methods and procedures in general, and include the standards for certification of applicators as set forth in Code of Federal Regulations, Chapter 40, Section 171.4 (40 CFR §171.4). 8. Have available the services of at least one aircraft registered by the Department in accordance with Section 202.01(11) and one pilot currently licensed by the Department in accordance with Section 103.01; 9. Hold a current agricultural aircraft operator's certificate from FAA under FAR Part 137; 10. Submit proof of financial responsibility to the Department, and upon obtaining a license, such person shall maintain proof of financial responsibility at all times while such license is in effect, in accordance with Section 105; 11. Register with the Department all aircraft and pilots used in agricultural aircraft operations in Mississippi. Source: Miss. Code Ann. §69-21-109 (Rev. 2009). Issuance of Licenses Upon receipt and approval of an application with appropriate related documents and payment of the applicable fees, the Department shall issue licenses as set forth below: Each applicator shall be issued a license as an applicator to conduct agricultural aircraft operations in Mississippi in accordance with and subject to the provisions of Miss. Code Ann. §§ 69-21-101 through 69-21-128 and the regulations adopted by the Department. Each aircraft shall be identified at all times by a decal supplied to the applicator by the Department. All licenses shall expire on the 31st of March of the year following their issuance and may be renewed for the ensuing year on or before that date. Source: Miss. Code Ann. §69-21-109 (Rev. 2009). Chief Pilot Designation Chief Pilot – In order to be designated as a chief pilot by an applicator the designee shall: 1. Be the holder of a current pilot’s license issued by the department; 2. Have at least 500 hours of commercial aerial application flying time as pilot-in-command, and two years experience either as a chief pilot or under the direct supervision of a chief pilot in accordance with FAR 137 and in accordance with governing state laws in the state or states where the experience was gained, and be able to show proof thereof. Proof of experience may consist of a notarized affidavit from one of the following persons who has personal knowledge of the designee's experience: another applicator, a state or federal regulatory official, or an officer of a State or National Agricultural Aviation Association, or any other person as may be acceptable to the Department; 3. Hold a current commercial or airline transport pilot certificate from FAA; 4. Hold/possess a Current Second (2d) Class medical; and 5. Submit proof from FAA that the person has met the knowledge and skill tests requirement and is competent to serve as chief pilot in accordance with FAR 137. Additional Aircraft and Pilots, Deletions, and Transfers Licensed applicators may add or delete aircraft and pilots, or transfer the registration fee to substitute aircraft, at any time during the license period in accordance with these guidelines: 1. Additional aircraft may be added by filing a form to register additional aircraft, paying the applicable registration fee, and submitting proof of financial responsibility; 2. Aircraft may be deleted by notifying the Department; 3. The registration fee for a deleted aircraft may be transferred to a substitute or replacement aircraft by requesting such transfer on a form prepared for that purpose and paying a transfer fee of $10.00 for a new decal for the substitute or replacement aircraft; 4. The registration fee and decal for an aircraft may be transferred to a new owner by requesting such transfer on a form prepared for that purpose and paying a transfer fee of $10.00, provided the new owner is a currently registered applicator. The registration fee and decal cannot be transferred to a person who is not a currently registered applicator; 5. Additional pilots may be added by filing a request with the Department on a form prepared for that purpose, provided that the applicant is currently licensed and registered with the Department. If the applicant does not hold a current license from the Department, the form for adding additional pilots must be accompanied by an application for a pilot's license as outlined in Section 103.01, along with the documentary evidence of compliance and the appropriate fee. 6. A new chief pilot may be designated at any time by filing a designation with the Department on a form prepared for that purpose, provided the new chief pilot is qualified to serve in that capacity.