NOTE 2: Special Civil Air Regulation Serial No. SR-402, 19 F. R. 1369, Mar. 11, 1954, provides as follows:

Persons engaged in the carriage of mail by aircraft pursuant to "star route" contracts awarded under the Experimental Air Mail Act of 1938, as amended, shall, for such operations, be certificated in accordance with and comply with the provisions of Part 42 of the Civil Air Regulations.

NOTE 3: Special Civil Air Regulation Serial No. SR-403, 19 F. R. 1919, Apr. 6, 1954, provides as follows:

1. Contrary provisions of the Civil Air Regulations notwithstanding, the following provisions of Part 4b of the Civil Air Regulations are hereby waived to permit the certification thereunder of three Grumman SA-16A airplanes, owned or controlled by the Department of the Interior, for operation by Transocean Air Lines within the Trust Territory of the Pacific Islands and between these islands and the island of Guam.

a. Section 4b.120 (a) and (b) to the extent that the maximum certificated take-off weight with respect to performance cannot be met at weights of 29,000 pounds or less. b. Section 4b.120 (c).

c. Sections 4b.115, 4b.116, 4b.117, 4b.122, 4b.123, 4b.124, 4b.324 (a), 4b.337 (a) (1), and (2), 4b.441 (b) (1), 4b.474 (c), 4b.484 (a) (2), 4b.485 (c), 4b.604 (d), (f), and (h), and 4b.622 (c) to the extent that the airplane cannot comply with the provisions of these sections: Provided, That the Military Flight Manual, placards, or similar means shall be provided which shall contain the appropriate procedures and warnings necessary to overcome or explain the deficiencies resulting from the waiver of these sections.

d. Sections 4b.226 (b), 4b.352 (b), 4b.356 (b), 4b.383 (b) (2), 4b.612 (d), and (f), and 4b.624 (b) to the extent that the airplane cannot comply with the provisions of these sections.

e. Section 4b.443 to the extent that it requires the oil tank to be located outside a fire zone unless it is constructed of fire-proof materials.

f. Sections 4b.740 through 4b.743: Provided, That the Military Flight Manual be used as supplemented by such limitations and procedural data as found necessary by the Administrator, or are required by this regulation.

2. The airworthiness certificate for each airplane certificated hereunder, shall bear the following legend: "This certificate is issued pursuant to Special Civil Air Regulation SR-403 and is valid only for operation by Transocean Air Lines under contract with the Department of the Interior within the Trust Territory of the Pacific Islands and between these islands and the island of Guam."

3. The operations referred to herein shall be conducted in accordance with Part 42 with the exception of those provisions which are inconsistent with the requirements of

requirements of

§ 42.48 of the Civil Air Regulations, air carriers in the conduct of interstate transcontinental nonstop flights, in accordance with Part 42, may schedule flight crew members for more than eight but not more than ten hours of continuous duty aloft without an intervening rest period: Provided, That the flight is conducted in pressurized airplanes with a flight crew of at least two pilots and a flight engineer: And provided further, That the carrier utilize in the conduct of such operations an air/ground communications service independent of systems operated by the Federal Government, and a dispatch organization, both of which have been approved by the Administrator as adequate to serve the terminal points concerned. This regulation shall terminate with the effective termination of SR-405 (see Note 6 to Part 40 of this chapter).

NOTE 5: Special Civil Air Regulation Serial No. SR-415, 21 F. R. 102, Jan. 6, 1956, provides as follows:

Contrary provisions of the Civil Air Regulations notwithstanding, any air carrier holding valid authority issued by the Board to perform air transportation as a supplemental air carrier in charter services and individual services, as defined in Appendix A attached to Board Order No. E-9744, shall be certificated and shall conduct such operations in accordance with the provisions of Part 42 of the Civil Air Regulations. An air carrier operating certificate presently issued by the Civil Aeronautics Administration to a large irregular air carrier shall, until its stated expiration date, be valid as a supplemental air carrier operating certificate for supplemental air carrier operations, unless sooner surrendered, suspended, or revoked. Such certificate may be renewed as an air carrier operating certificate for supplemental air carrier operations.

This regulation shall remain in effect until such time as new supplemental air carrier certification and operation rules become effective, unless sooner superseded or rescinded by the Board.

CROSS REFERENCES: For Special Civil Air Regulation Serial No. SR-368A with respect to authorization for air carriers to engage in scheduled air transportation of cargo outside the continental United States under this part, see Note 1 to Part 41 of this subchapter.

For Special Civil Air Regulation Serial No. SR-389, with respect to emergency exits for large airplanes (above 12,500 pounds maximum take-off weight) carrying passengers for hire, see Note 1 to Part 40 of this subchapter.

For Special Civil Air Regulation Serial No. SR-395A, with respect to authorization for air taxi operators to conduct operations pursuant to this part and extension of expiration date for air taxi operator certificates, see Note 3 to Part 40 of this subchapter.

For Special Civil Air Regulation Serial No. SR-392A authorizing experimentation with position and anti-collision light systems on a limited number of transport category airplanes, see Note 2 to Part 40 of this subchapter.

For Special Civil Air Regulation Serial No. SR-401A with respect to requirements for installation or maintenance of smoke or fire detectors, see Note 5 to Part 40 of this subchapter.

For Special Civil Air Regulation Serial No. SR-406C with respect to application of transport category performance requirements to C-46 type aircraft, see Note 8 to Part 40 of this subchapter.

For Special Civil Air Regulation Serial No. SR-411 with respect to trial operation of transport category airplanes in cargo service at increased zero fuel and landing weights, see Note 9 to Part 40 of this subchapter.

For Special Civil Air Regulation Serial No. SR-416 with respect to restrictions on use of information obtained from a pilot making a voluntary report of near mid-air ("nearmiss") collision, see Note 10 to Part 40 of this subchapter.

GENERAL

§ 42.0 Applicability of this part. (a) The provisions of this part shall apply to irregular air carriers operating in interstate, overseas, or foreign air transportation, to Alaskan air carriers when authorized by the Administrator under the provisions of § 41.1 (a) of this subchapter, and to air carriers holding scheduled air carrier operating certificates when making charter trips or when performing other special services.

(b) An air carrier holding a scheduled air carrier operating certificate may elect to conduct charter flights or other special services, between points which it is authorized to serve under the terms of such certificate, under the provisions of Part 40 or 41 of this subchapter, as the case may be, and the scheduled air carrier operating certificate: Provided, That the certificate is amended to authorize such operation: And provided further, That charter or special services to other points shall be conducted under the provisions of this part, except that it shall not be necessary for the carrier to obtain an

irregular air carrier operating certificate if its scheduled air carrier operating certificate is appropriately amended.

§ 42.0-1 Charter flights or other special services conducted by scheduled air carriers (CAA policies which apply to § 42.0 (b))-(a) General. The policies provided in this section will be applied by the Civil Aeronautics Administration in amending a scheduled air carrier operating certificate to authorize charter flights or other special services.

(b) Authority. Upon application, a scheduled air carrier electing under § 42.0 (b) to conduct charter trips or other special services pursuant to the provisions of its scheduled air carrier operating certificate, may have such certificate amended to authorize such operations.

(c) Application for amendment. Application for this amendment will consist of submission of Form ACA-1014, Operations Specifications, available at the local Aviation Safety District Office. On the face (blank side) of the form, the air carrier will list all the operations for which authorization is desired, as outlined in paragraph (d) of this section. The air carrier will also complete the upper half of the back of the form, and submit the signed original and four copies to the local Aviation Safety Agent.

The

(d) Operations specifications. amended scheduled air carrier operating certificate will include Form ACA1014, Operations Specifications, and an amendment to the scheduled air carrier operating certificate. The amendment will be issued by the CAA regional office having direct inspectional responsibility for the principal operations of the air carrier. The Form ACA-1014 will be prepared by the applicant; and will be prefaced by the statement: "Charter Flights or Other Special Services are authorized in the following category and class aircraft under the conditions specified and within the areas of operation listed."; and will specify the category and class of aircraft authorized to be used (e. g., Airplane Multi-engine Land); the flight conditions under which operations are authorized (e. g., VFR Day, VFR Night, IFR Day, IFR Night); whether the carriage of passengers, cargo, or both is authorized; and the areas of operation (e. g., Continental U. S., and specific U. S. Territories or possessions and foreign countries or possessions).

(e) Operation outside the United States, its Territories or possessions. When applying for an amendment to a scheduled air carrier operating certiflcate to include charter or other special services outside the United States, its Territories or possessions, the following paragraph will also be included on the Form ACA-1014:

When operating aircraft pursuant to the terms of this certificate and these operations specifications over or within any foreign country, the air carrier shall comply with the provisions of the air traffic rules of such country, including any special air traffic rules applicable to air carriers, except where any rule prescribed in the Civil Air Regulations is more restrictive and may be followed without violating the rules of such country.

(f) Area of operation. (1) The air carrier should specify in the space provided under the section of the operations specifications entitled "Area of Operation Authorized" the proposed areas of operation.

(2) If the air carrier is able to show to the satisfaction of the assigned agent that it is able to conduct charter flights or special services on a worldwide basis, the following phraseology should be used in filling out the section of the operations specifications pertaining to area of operation:

The air carrier is authorized to conduct charter flights or other special services within the United States and between any point within the United States and any point outside thereof.

(3) If the air carrier does not desire to conduct charter operations to the extent indicated in subparagraph (2) of this paragraph, the specific areas to and from which charter operations are contemplated should be listed in the operations specifications. Such listing should show the particular countries or possessions of such countries instead of continental areas. Operations within the United States should be shown as "Continental United States". When a country or possession is comprised of a number of islands, the island group rather than the individual islands should be listed.

(g) Flight operations and maintenance manuals. Prior to the conduct of operations off route, the Flight Operations and Maintenance Manuals will be revised to incorporate additional instructions to flight and ground person

nel for the operation, servicing and handling of the aircraft used in this type of service.

(h) Scheduled air carriers holding irregular air carrier operating certificates. A scheduled air carrier holding an irregular air carrier operating certificate may conduct charter flights or other special services both on route and off route under the provisions of such certificate and this part without amending its scheduled air carrier operating certificate in accordance with the above. However, if a scheduled air carrier, holding an irregular operating certificate elects to amend its scheduled operating certificate to include charter flights or other special services, the irregular operating certificate will be surrendered to the Civil Aeronautics Administration for cancellation at the time the amendment to the scheduled operating certificate becomes effective.

[Supp. 3, Amdt. 1, 15 F. R. 3150, May 24, 1950, as amended by Supp. 17, 18 F. R. 1719, Mar. 27, 1953; Supp. 34, 21 F. R. 1697, Mar. 17, 1956]

§ 42.0-2 Provisions of this part which are applicable to air taxi operators (CAA interpretations which apply to § 42.0 and SR-395A). (a) Under SR-395A, the following sections of the certification and operation rules of this part apply to air taxi operators:

42.0 Applicability of this part. (a). Definitions.

42.1

Certificate issuance.

42.5

42.93 Emergency flight reports.

42.94 Pilot's emergency deviation report. 42.95 Flight manifest record.

42.96 Reporting of malfunctioning and defects.

(b) The following sections of CAM 42 are applicable to the provisions of this part listed in paragraph (a):

42.1-1 Flight time (CAA interpretations which apply to § 42.1 (a) (14)).

42.1-2 Twilight (CAA interpretations which apply to § 42.1 (a) (20)).

42.11-1 Listing of aircraft (CAA rules which apply to § 42.11). (a).

42.21-1 Seats and safety belts (CAA rules which apply to § 42.21 (a) (11)).

42.21-2 Fire extinguishers (CAA rules which apply to § 42.21 (a) (12)).

42.21-3 Altimeter (CAA policies which apply to § 42.21 (b) (1)).

42.24-1 First-aid and emergency equipment (CAA policies which apply to § 42.24). 42.24-2 First-aid kits (CAA policies which apply to § 42.24).

42.24-4 Emergency equipment (CAA rules which apply to § 42.24 (b)).

42.25-1 Cockpit check list (CAA policies which apply to § 42.25).

42.25-2 Minimum standard cockpit check list (CAA policies which apply to § 42.25). 42.30-1 General (CAA policies which apply to § 42.30).

42.31-2 Maintenance and inspection— small aircraft (CAA policies which apply to § 42.31 (a) (2)).

42.31-3 Maintenance and inspection; all aircraft (CAA policies which apply to § 42.31 (a) (1) and (2)). (e) (1), (2).

42.31-4 Maintenance and inspection records (CAA policies which apply to § 42.31 (b)).

42.51-2 Responsibilities of the pilot in command (CAA policies which apply to § 42.51).

42.51-3 Time of reporting for duty (CAA policies which apply to § 42.51 (b)).

42.51-4 Flight equipment (CAA policies which apply to § 42.51 (c)).

42.51-5 Serviceability of equipment (CAA policies which apply to § 42.51 (e)).

42.52-2 Operation in the territory of Alaska (CAA policies which apply to § 42.52 (b)).

42.54-1 Other parts of aircraft (CAA interpretations which apply to § 42.54).

42.55-2 Air traffic clearance (CAA interpretations which apply to § 42.55 (a)).

42.56-1 Standard instrument aproach procedures (CAA rules which apply to § 42.56).

42.57-1 Minimum facilities (CAA policies which apply to § 42.57).

42.58-1 Off-airway instrument operation (CAA rules which apply to § 42.58).

42.62-1 Content of flight manifest (CAA policies which apply to § 42.62).

42.91-1 Content of maintenance records (CAA policies which apply to § 42.91). 42.91-3 Retention of records (CAA policies which apply to § 42.91).

42.92-1 Content of airman records (CAA policies which apply to § 42.92).

42.92-2 Availability of records (CAA policies which apply to § 42.92).

42.92-3 Retention of records (CAA policies which apply to § 42.92).

42.93-1 Submission of emergency flight reports (CAA policies which apply to § 42.93). 42.94-1 Submission of pilot's emergency deviation report (CAA policies which apply to § 42.94).

(c) In addition to the items listed in paragraphs (a) and (b) of this section, air taxi operators are governed by the following regulations:

(1) Economic Regulations Part 298 of this chapter.

(2) Economic Regulations Part 242 of this chapter, if aircraft having more than five passenger seats are used. [Supp. 22, 19 F. R. 1601, Mar. 25, 1954]

§ 42.0-3 Operations for which an air taxi operator certificate is not required (CAA interpretations which apply to § 42.0 and SR-395A). The following operations which may involve remuneration are not considered as coming within the meaning of carriage by aircraft of persons or property as an air taxi operator:

(a) Student instruction.

(b) Local sightseeing flights which return to the point of departure without landing at other points.

(c) Any crop dusting, spraying, seeding, pest controi, or other agricultural operations.

(d) Any industrial aviation operations such as patrol, photography, banner towing, etc.

(e) Any other aviation operation when the carriage of persons or materials is

incidental to the main purpose of the flight.

[Supp. 22, 19 F. R. 1601, Mar. 25, 1954]

§ 42.1 Definitions. As used in this part the words listed below shall be defined as follows:

Accelerate-stop distance. Acceleratestop distance is the distance required to reach the critical point of take-off and, assuming failure of the critical engine at that point, to bring the airplane to a stop using approved braking means. (See the airworthiness requirements under which the airplane was type certificated for the manner in which such distance is determined.)

Air carrier. Air carrier means any citizen of the United States who undertakes directly the carriage by aircraft of persons or property as a common carrier for compensation or hire, whether such carriage is wholly by aircraft or partly by aircraft and partly by other forms of transportation between any of the following places: A place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia; places in the same State of the United States through the airspace over any place outside thereof; places in the same Territory or possession of the United States, or the District of Columbia; a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States, and a place in any other Territory or possession of the United States; a place in the United States and any place outside thereof; or the carriage of mail by aircraft.

Alaskan air carrier. Alaskan air carrier includes any air carrier subject to the provisions of Part 2921 of this chapter as heretofore or hereafter amended.

Alternate airport. An alternate airport is one listed in the flight plan as a point to which a flight may be directed if, subsequent to departure, a landing at the point of intended destination becomes inadvisable.

Approach or take-off area. The approach or take-off area shall be an area symmetrical about a line coinciding with

1 Part 292 currently provides that Alaskan air carriers shall include certificated and noncertificated air carriers engaging solely in air transportation within the Territory of Alaska.

and prolonging the center line of the runway, or the most probable landing or take-off path for instrument approaches where there is a multiplicity of parallel runways, or a large hard-surfaced area continuously available for landing or take-off. This area shall be assumed to extend longitudinally in a straight line from the intersection of the obstruction clearance line with the runway to the most remote obstacle touched by the obstruction clearance line and in no case less than 1,500 feet. Thence, it shall be assumed to continue in a path consistent with the instrument approach or takeoff procedures for the runway in question or, where such procedures are not specified, consistent with turns of at least 4,000 feet in radius. It shall be further assumed to extend laterally at the point of intersection of the obstruction clearance line with the runway 200 feet on each side of such center line. This distance shall increase uniformly to 500 feet on each side of such center line at a longitudinal distance of 1,500 feet from such point of intersection. Thereafter, this distance shall be assumed to be 500 feet on each side of such center line. Approved. Approved, when used

either alone or as modifying other words such as "means," "method," "action," etc., shall mean approved by the Administrator.

Check pilot. Check pilot is a pilot authorized by the Administrator to check pilots of the air carrier for such items as familiarity with en route procedures and piloting technique.

Crew member. Crew member means any individual assigned by the air carrier for the performance of duty on the aircraft in flight.

Critical engine. The critical engine is the engine the failure of which gives the most adverse effect on the performance characteristics of the aircraft. (See the airworthiness requirements under which the airplane was type certificated for the manner in which such engine is determined.)

Critical-engine-failure speed. The critical-engine-failure speed is a true indicated air speed, selected by the aircraft manufacturer, at which the takeoff may be safely continued even though the critical engine becomes suddenly inoperative. (See the airworthiness requirements under which the airplane was type certificated for the manner in which such speed is determined.)