Route segment. A route segment is a portion of a route each terminus of which is identified by: (1) A continental or insular geographic location, or (2) a point at which a definite radio fix can be established.

Runway. A runway is a clearly defined area of an airport suitable for the safe landing or take-off of airplanes.

Scheduled for duty aloft. Scheduled for duty aloft means the assignment of a flight crew member on the basis of the flight time established in the operations schedules rather than the actual flight time.

Show. Show means to demonstrate or prove to the satisfaction of the Administrator prior to the issuance of the air carrier operating certificate and at any time thereafter required by the Administrator.

Synthetic trainer. A synthetic trainer is a device the use of which is approved to simulate certain operating conditions.

Take-off safety speed, V. The takeoff safety speed is the airplane speed used in the determination of the take-off flight path at which the climb-out following take-off can be safely executed with one engine inoperative and with the airplane in the take-off configuration. (See the pertinent airworthiness requirements for the manner in which such speed is determined.)

Time in service. Time in service, as used in computing maintenance time records, is the time from the moment an airplane leaves the ground until it touches the ground at the end of a flight.

Transport category airplane. A transport category airplane is an airplane which has been type certificated in accordance with the requirements of Part 4b of this subchapter or the transport category requirements of Part 4a of this subchapter.

Type. With regard to airman qualifications, type means all airplanes of the same basic design, including all modifications thereto except those modifications which the Administrator has found result in a substantial change in characteristics pertinent to the airman concerned.

VFR. VFR is the symbol used to designate visual flight rules.

Va Va is the symbol used to designate the true indicated stalling speed or the minimum steady flight speed in the landing configuration.

Visibility. Visibility is the greatest distance at which conspicuous objects can be seen and identified.

(1) Flight visibility. Flight visibility is the average range of visibility forward from the cockpit of an airplane in flight to see and identify prominent unlighted objects by day and prominent lighted objects by night.

(2) Ground visibility. Ground visibility is the visibility at the earth's surface as reported by the United States Weather Bureau or by a source approved by the Weather Bureau.

Week. A week is that period of time extending from the first day of any week as delineated by the calendar through the last day thereof.

Year. A year is that period of time extending from the first day of any year as delineated by the calendar through the last day thereof.

CERTIFICATION RULES AND OPERATIONS

SPECIFICATIONS REQUIREMENTS

40.10 Certificate required. No person subject to the provisions of this part shall operate an airplane in scheduled interstate air transportation without, or in violation of the terms of, an air carrier operating certificate issued by the Administrator.

§ 40.11 Contents of certificate. An air carrier operating certificate shall specify the points to and from which, and the routes over which, an air carrier is authorized to operate.

§ 40.12 Application for certificate. An application for an air carrier operating certificate shall be made in the form and manner and contain information prescribed by the Administrator.

§ 40.12-1 Application for air carrier operating certificate (CAA rules which apply to § 40.12)—(a) General. (1) The holder of a certificate of convenience and necessity shall apply to the appropriate Regional Administrator for an air carrier operating certificate at least 30 days prior to the date proposed for beginning scheduled interstate air transportation within the continental limits of the United States. The application shall be prepared in loose-leaf form, on white paper approximately 8′′ x 101⁄2" in size, and using one side of the sheet only. The application shall be executed by a duly authorized officer or employee of the applicant having knowledge of the matters set forth therein, and shall have

attached thereto two copies of the appropriate written authority issued to such officer or employee by the applicant.

(2) Two copies of the application, and of subsequent amendments thereto, shall be filed with the Regional Administrator having jurisdiction over the area in which the principal office of the air carrier is located. When any facility or service directly affecting the operation of the air carrier concerned is furnished by other than the applicant or the Federal Government, at least two copies of the contract or working agreement concerning such facilities or service shall be submitted with the application. In this connection, if formal contracts covering such facilities or service have not been completed, letters showing agreement between the contracting parties will be accepted until copies of the formal contract are obtainable.

(b) Format of application. The application shall be in the form of a letter and shall contain the information outlined below:

To: Regional Administrator, Civil Aeronautics Administration.

In accordance with section 604 of the Civil Aeronautics Act of 1938, as amended, and the Civil Air Regulations, application is hereby made for an Air Carrier Operating Certificate.

Give exact name and full post office address of applicant.

Give the name, title, and post office address of the official or employee to whom correspondence in regard to the application is to be addressed.

SECTION I. Operations. A. State whether the type of service proposed is for the carriage of passengers, goods, or mail, or a particular combination thereof. If the type of service is not the same for each route or portion thereof, specify the type of service for each route or portion of a route.

B. State whether the type of operation proposed is day or night, visual flight rules, instrument or over-the-top, or a particular combination thereof. If the type of operation is not the same for each route or route segment, specify the type of operation for each route or route segment.

SEC. II. Schedule. A. Submit a proposed schedule plan (or plans if seasonal changes or differences in equipment are involved) indicating the following:

1. Block to block time and mileage between scheduled stops.

2. Ground time at each intermediate and terminal stop.

B. Specify the basis upon which the proposed schedule has been computed, indicating the following:

1. Cruising speed and altitude.

2. Percentage of horsepower.

3. Direction and velocity of prevailing winds.

SEC. III. Route. A. Submit a map suitable for aerial navigation on which are shown the exact geographical track of the proposed routes, and information with respect to terminal and intermediate stops, available landing areas, and radio navigational facilities. This material will be indicated in a manner that will facilitate identification. The applicant may use any method that will clearly distinguish the information, such as different colors, different types of lines, etc. For example, if different colors are used, the identification will be accomplished

follows:

as

1. Airway routes: Black. 2. Direct routes: Green. 3. Terminal and regular intermediate stops: Orange circle.

4. Alternate landing fields or areas: Purple circle.

5. Other available landing fields or areas: Yellow circle.

6. Indicate the location and normal operating range of all radio navigational facilities to be used in connection with the proposed operation.

B. Airports. Furnish the following information with regard to each regular, alternate, refueling, and provisional airport to be used in the conduct of the proposed operation. 1. Name of airport.

2. Location (by coordinates, and by name of nearest city or town, and direction and distance thereto).

3. Class of airport or landing area (municipal, commercial, military, private or marked auxiliary).

4. Altitude above sea level.

5. Dimensions in linear feet of landing space available.

6. If hard-surfaced runways are provided, give number, direction, length and width of each and indicate type of surfacing.

7. Obstructions (list adjacent obstructions, giving height and location, or attach appropriate C. G. A. L. charts if available).

8. Airport lighting (include beacon, auxiliary beacon, boundary lights, floodlights, etc., and any emergency lighting equipment; and by whom operated).

9. List refueling facilities available. 10. Is airport control tower provided and by whom?

11. Itemize radio navigational facilities provided and indicate the operating agency. 12. Does runway gradient exceed 2 percent? If so, state gradient.

13. What provisions are made for protection of passengers during loading and unloading at scheduled stop airports?

14. Prevailing winds?

control of stations furnishing reports for each service; the frequency and method of collection and dissemination of weather information. Outline available terminal and route forecasting services, the type of maps and the intervals at which they are made each day.

2. Where it has been determined that additional weather reporting services will be required of the U. S. Weather Bureau for the type of operation involved, the air carrier will apply in writing to the appropriate Weather Bureau Regional Office. The request for the weather reporting services considered essential should be made coincidental with this application to the Civil Aeronautics Administration.

3. For operations within the continental limits of the United States, if other than a U. S. Weather Bureau Station, show proof of U. S. Weather Bureau approval of the service and specify the meteorological facilities available, the number of personnel and the duties of each, such as the making of weather maps, forecasts, observations, etc.

D. Airway lighting. List in detail all airway lighting on the routes other than those airway lighting facilities owned and operated by the Civil Aeronautics Administration if application includes request for night VFR operation.

SEC. IV. Radio facilities. A. Communications. List company radio ground communication facilities installed, proposed to be installed, and those available to, but not owned by applicant, for each route. The expected communication coverage of all MF and HF ground facilities should be provided in map form. In the case of VHF, the expected coverage at exemplary altitudes should be outlined. Aircraft reporting and general change points, and frequencies should be specified either on the maps or as an attachment. (If owned by other than applicant, attach 2 certified copies of operating agreement.) List the following details for each station:

Transmitters. List the following information in regard to each transmitter: 1. Make and model number.

2. Remotely or locally controlled.

3. Types of emission and antenna power for each type of emission.

4. Number of frequency channels provided and actual frequencies in kilocycles proposed to be used.

5. Method of frequency change (quick shift or manual tuning).

6. Primary power source, voltage, phase, etc., and whether commercial source or locally generated.

7. Auxiliary power source.

8. Functional purpose of transmitter. If transmitter is used for more than one function, list in order of primary and secondary functions as

a. Radiotelephone plane to ground primary purpose and radiotelephone point to point secondary purpose, or

b. Radiotelephone point to point primary purpose and standby radiotelephone plane to ground secondary purpose, etc.

Receivers. 1. List each receiver by type of model number and state its primary function, 1. e., plane-to-ground guard, point-topoint C. W. or point-to-point radiotelephony.

2. List frequency range of each receiver and state which frequencies in each receiver are crystal controlled, if any.

3. Describe receiver installation to show number of receivers locally controlled and number remotely controlled.

B. Radio navigational facilities. List each ground radio navigational facility, other than those operated by the United States Government, to be used in the conduct of the proposed operations (if privately owned ground radio navigational facilities are to be used and are owned by other than the applicant, attach two certified copies of the operating agreement pertaining to the use of such facilities). List the following information with respect to each facility:

1. Type of facility, 1. e., ILS, GCA, NonDirectional Radio Beacon LF and VHF Radio Ranges, Loran, etc.

2. Estimated effective range (in miles). 3. Coordinates and location with respect to field or landing area.

4. Power supply, 1. e., locally generated.

5. Auxiliary power supply.

commercial or

6. Operating frequency or frequencies. C. Aircraft radio equipment. List and describe the aircraft radio equipment installed in each aircraft by:

1. Type number.

2. Manufacturer.

3. Frequency range.

4. Operating frequencies.
5. Emergency power supply.
6. Antenna system.

SEC. V. Weather minimums. A. Submit in detail the proposed ceiling and visibility limitations for take-off for instrument flight and let-down-through at each regular, alternate, refueling, and provisional airport. Differentiate between daylight and darkness in the listing, and where more than one type of aircraft is to be utilized, and a differential of limitations exists, indicate proposed limitations for each type of aircraft.

B. Submit for each proposed scheduled stop and alternate airport a detailed flight procedure for instrument approach and letdown-through and where specific procedures are necessary because of terrain or traffic conditions, submit a detailed flight procedure for take-off and climb (such procedure should be set up on the basis of the ceiling and visibility minimums proposed.)

C. The above information may be submitted on Forms ACA-511 of the air carrier's proposed operations specifications.

SEC. VI. Aircraft. A. List the following information, as applicable, for each aircraft to be used in the proposed operations: 1. The name of the manufacturer. 2. Certification basis and category.

3. Manufacturer's model number.

4. Name of the manufacturer and type number of engines.

5. Name of manufacturer and type number of propellers.

6. N registration number and aircraft designation.

7. Type of service in which aircraft will be used (carriage of persons, property, mail, or combination thereof).

8. Will aircraft be used in regular or reserve service?

9. What type of operation (day, night, visual flight rules, instrument (over-the-top)) will be conducted with this aircraft?

10. List each route or portion thereof over which this aircraft is to be operated and the maximum gross weight proposed for each route or portion thereof.

11. What is the service ceiling of each type aircraft with one engine inoperative?

12. List and describe installation and location of all lifesaving equipment and emergency supplies carried aboard each aircraft, such as life rafts, life preservers, portable emergency transmitters, Very pistols, and emergency rations. (If the same equipment is not carried during all seasons of the year, and on all routes, list and explain the difference.)

SEC. VII. Maintenance: Aircraft, engines, and accessories. A. Furnish an organization chart indicating the authority and the duties of the maintenance and inspection personnel employed by the applicant and/or any other person with whom arrangements have been made for the performance of maintenance and inspection functions.

B. Furnish a schedule of overhauls, inspections and checks and the time limitations for such functions which will be performed on each type of aircraft to include the airframes, powerplants, propellers and appliances. The schedule should be sufficiently detailed to indicate all of the overhauls, inspections and checks which will be performed on all components of each type of air carrier aircraft. The schedule should be listed under the following general headings:

1. Aircraft components:

e. Oil tanks.

3. Instruments:

a. Flight instruments.

b. Aircraft and engine instruments. (If any of the components listed are overhauled on an "on condition" overhaul basis, describe the procedures used to control the continued airworthiness of such components.) When maintenance functions are performed by outside agencies, copies of the maintenance agreement regarding the extent of such services to be furnished should be attached to the application, as provided for in subparagraph (a) (2) of this section. The agreement should specify that services furnished should conform to the standards approved for the operator, the air carrier operations specifications, aircraft maintenance, and complies with all requirements of the Civil Air Regulations.

C. Indicate and define the type of maintenance operations (overhauls, inspections, and checks) that will be accomplished at each terminal, intermediate and overnight stop, relative to the following:

1. Disassembly and overhaul of aircraft components, engines, propellers, instruments, and accessories (aircraft and engine). 2. Periodic inspection and check of aircraft components, engines, propellers, instruments, and accessories (aircraft and engine). 3. Routine inspection of aircraft components, engines, propellers, instruments, and accessories (aircraft and engine).

4. Spare part and component replacements at intermediate and overnight stops. 5. Refueling.

D. Indicate the number of certificated, non-certificate airmen (repairmen/mechanics), and helpers, etc. including their company designation (foreman, inspectors, crew chiefs, etc.), located at the main overhaul base and each terminal and intermediate stop.

E. Indicate the distribution of the following items of spare equipment: 1. Aircraft

model).

(list quantity, make, and

2. Engines (list quantity, make, and model).

3. Propellers (list quantity, make, and model).

4. Instruments (list quantity, make, and model).

F. For each terminal, and intermediate stop at which refueling operation will be performed, describe the following:

1. Number, type (elevated or underground), and capacity of each fuel and oil storage tank.

2. List octane ratings of fuels available. 3. List S. A. E. rating or viscosity of oil available.

4. List facilities and methods for the detection and prevention of fuel contamination.

5. Outline method and procedure with reference to recording water checks.

6. Type of covered container used to convey oil from storage tank to aircraft.

into which he is scheduled to fly. Such entry shall include a landing and take-off. The qualifying pilot shall occupy a seat in the pilot compartment. He shall be accompanied by a pilot who is qualified at the airport.

(d) Such pilot shall not be required to meet the entry requirements of paragraph (c) of this regulation when:

(1) The initial entry is made under VFR weather conditions at the particular airport involved; or

(2) The air carrier shows that the pilot airport qualifications can be accomplished by an approved pictorial means; or

(3) The air carrier notifies the Administrator that it intends to conduct operations at an airport in close proximity to an airport into which the pilots involved are presently qualified by entry, and the Administrator finds that such pilots are adequately qualified at the new airport. The Administrator, in making such finding, shall take into consideration at least the familiarity of the pilots with the layout, surrounding terrain, location of obstacles, and instrument approach and traffic control procedures at the new airport.

(e) On routes on which navigation must be accomplished by pilotage and on which flight is to be conducted at or below the level of the adjacent terrain which is within a horizontal distance of 25 miles on either side of the center line of the route to be flown, the pilot shall be familiarized with such route by not less than two one-way trips as pilot or additional member of the crew over the route under VFR weather conditions to permit the qualifying pilot to observe terrain along the route.

This regulation supersedes Special Civil Air Regulations Nos. SR-413 and SR-414 and shall terminate September 23, 1957, unless sooner superseded or rescinded by the Board.

APPLICABILITY AND DEFINITIONS

§ 40.1 Applicability of this part. The provisions of this part are applicable to air carriers holding certificates of public convenience and necessity issued in accordance with Title IV of the Civil Aeronautics Act of 1938, as amended, when they engage in scheduled interstate air transportation within the continental limits of the United States: Provided, That the provisions of this part shall not apply to operations conducted pursuant to economic exemption authority issued by the Board for a period of 90 days or less: And provided further, That the Administrator may authorize any air carrier holding authority to engage in scheduled cargo operations pursuant to Title IV of the Civil Aeronautics Act of 1938, as amended, to conduct such operations in accordance with the air carrier certification and operations rules prescribed

in Part 42 of this subchapter: And provided further, That in the case of segments of routes extending beyond the continental limits of the United States the Administrator may authorize an air carrier to conduct operations over such route segments pursuant to provisions of this part.

§ 40.2 Applicability of Parts 43 and 60 of this subchapter. The provisions of Parts 43 and 60 of this subchapter shall be applicable to all air carrier operations conducted under the provisions of this part unless otherwise specified in this part.

§ 40.5 Definitions. As used in this part terms shall be defined as follows:

Accelerate-stop distance. Acceleratestop distance is the distance required to accelerate an airplane to a specified speed and, assuming failure of the critical engine at the instant that speed is attained, to bring the airplane to a stop. (See the pertinent airworthiness requirements for the manner in which such distance is determined.)

Administrator. The Administrator is the Administrator of Civil Aeronautics.

Air carrier. An air carrier is any citizen of the United States who undertakes directly, or by lease or by other arrangement, the carriage by airplane of persons or property as a common carrier for compensation or hire, or the carriage of mail by airplane.

Air traffic clearance. An air traffic clearance is an authorization issued by air traffic control for an airplane to proceed under specified conditions.

Air traffic control. Air traffic control is a service provided for the purpose of: (1) Preventing collisions between airplanes, and, on the airport ground maneuvering area, between airplanes and obstructions; and (2) expediting and maintaining an orderly flow of air traffic.

Aircraft dispatcher. An aircraft dispatcher is an individual holding a valid aircraft dispatcher certificate issued by the Administrator who exercises responsibility with the pilot in command in the operational control of each flight.

Airframe. Airframe means any and all kinds of fuselages, booms, nacelles, cowlings, fairings, empennages, airfoil surfaces, and landing gear, and all parts, accessories, or controls, of whatever description, appertaining thereto, but not including engines and propellers.

Airplane. An airplane is a powerdriven fixed-wing aircraft, heavier than