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shall operate any airplane in scheduled operation unless such airplane meets the requirements of this part and is in an airworthy condition.

§ 40.61 Airplane certification requirements-(a) Airplanes certificated on or before June 30, 1942. Airplanes certificated as a basic type on or before June 30, 1942, shall either:

(1) Retain their present airworthiness certification status and meet the requirements of § 40.90, or

(2) Comply with either the performance requirements of §§ 4a.737-T through 4a.750-T of this subchapter or the performance requirements of §§ 4b.110 through 4b.125 of this subchapter and in addition shall meet the requirements of § 40.70: Provided, That should any type be so qualified, all airplanes of any one operator of the same or related types shall be similarly qualified and operated.

(b) Airplanes certificated after June 30, 1942. Airplanes certificated as a basic type after June 30, 1942, and used in passenger operation shall be certificated as transport category airplanes and shall meet the requirements of § 40.70.

§ 40.62 Airplane limitation for type of route. All airplanes used in passenger air transportation shall be multiengine airplanes and shall comply with the following requirements:

(a) Two- or three-engine airplanes. Two- or three-engine airplanes shall not be used in passenger-carrying operations unless adequate airports are so located along the route that the airplanes will at no time be at a greater distance therefrom than one hour of flying time in still air at normal cruising speed with one engine inoperative: Provided, That the Administrator may specify distances greater or less than those set forth herein when he determines that the character of the terrain, the type of operation, or the performance of the airplanes to be used so permit or require.

(b) Land airplanes on extended overwater routes. Land airplanes operated on flights involving extended overwater operations shall be certificated as adequate for ditching in accordance with the ditching provisions of Part 4b of this subchapter.

§ 40.63 Proving tests. (a) A type of airplane not previously proved for use in scheduled operation shall have at least 100 hours of proving tests, in addition to the airplane certification tests, accomplished under the supervision of an authorized representative of the Administrator. As part of the 100-hour total at least 50 hours shall be flown over authorized routes and at least 10 hours shall be flown at night.

(b) A type of airplane which has been previously proved shall be tested for at least 50 hours, of which at least 25 hours shall be flown over authorized routes, unless deviations are specifically authorized by the Administrator on the ground that the special circumstances of a particular case make a literal observance of the requirements of this paragraph unnecessary for safety, when the airplane:

(1) Is materially altered in design, or (2) Is to be used by an air carrier who has not previously proved such a type.

(c) During proving tests only those persons required to make the tests and those designated by the Board or the Administrator shall be carried. Mail, express, and other cargo may be carried when approved by the Administrator.

§ 40.63-1 Materially altered in design (CAA interpretations which apply to § 40.63 (b) (1)). A type of airplane will be considered to be materially altered in design when the alterations include, but are not necessarily limited to:

(a) Installation of powerplants other than the powerplants of a type similar to those with which the aircraft is certificated.

(b) Major alteration to the aircraft or its components which materially affects the flight characteristics. [Supp. 4, 18 F. R. 8611, Dec. 22, 1953] AIRPLANE PERFORMANCE OPERATING LIMITATIONS; TRANSPORT CATEGORY

§ 40.70 Transport category airplane operating limitations. (a) In operating any passenger-carrying transport category airplane the provisions of §§ 40.71 through 40.78 shall be complied with, unless deviations therefrom are specifically authorized by the Administrator on the ground that the special circumstances of a particular case make a literal observance of the requirements unnecessary for safety.

(b) For transport category airplanes the performance data contained in the

Airplane Flight Manual shall be applied in determining compliance with these provisions. Where conditions differ from those for which specific tests were made, compliance shall be determined by interpolation or by computation of the effects of changes in the specific variables where such interpolations or computations will give results substantially equaling in accuracy the results of a direct test.

(c) No airplane shall be taken off at a weight which exceeds the allowable weight for the runway being used as determined in accordance with the takeoff runway limitations of the transport category operating rules of this part, after taking into account the temperature operating correction factors required by §§ 4a.749a-T or 4b.117 of this subchapter, and set forth in the Airplane Flight Manual for the airplane.

§ 40.70-1 Deviations (CAA rules which apply to § 40.70 (a)). An application for any deviation shall include all supporting data and shall be forwarded to the CAA Aviation Safety District Office charged with the over-all inspection of the air carrier's operations.

[Supp. 3, 18 F. R. 8678, Dec. 24, 1953]

§ 40.70-2 Accuracy of data (CAA policies which apply to § 40.70 (b)). The charts and data prepared by the air carrier for use of flight and operations personnel should be prepared with sufficient accuracy and clarity that the gross weight and runway length values for specific operating conditions can be reproduced within a tolerance of onehalf of one percent by an independent recheck.

[Supp. 2, 18 F. R. 7162, Nov. 11, 1953]

§ 40.70-3 Temperature accountability (CAA policies which apply to § 40.70 (c)). The maximum permissible weight for a given take-off should be equal to the lowest of three values determined separately by consideration of (a) accelerate-stop, (b) take-off and climb out to a 50-foot height and (c) the obstacle clearance condition. The established temperature accountability correction factors appearing in the Airplane Flight Manuals are applied to the take-off weights determined by the accelerate-stop and climb out to a 50-foot height. These values may be used individually or in combination, i. e., if a runway is considerably longer than is required to meet the accelerate-stop and climb out to 50 foot requirements at

standard temperature, then at temperatures higher than standard, take-off weight need not be reduced as long as additional runway length is available. When the temperature reaches a value at which no additional runway length remains, then a reduction in weight would be necessary. These factors do not apply to weights determined by obstacle clearance considerations. If the take-off weight at standard temperature is limited by obstruction clearance rather than by the climb out to 50 feet or by the accelerate-stop distance, a weight reduction need not be made for temperatures higher than standard until the temperatures reach a high enough value to use up the existing runway between that used for standard temperature (limited to less than the full runway because of obstacles) and the actual length.

[Supp. 2, 18 F. R. 7162, Nov. 11, 1953]

§ 40.71 Weight limitations. (a) No airplane shall be taken off from any airport located at an elevation outside of the altitude range for which maximum take-off weights have been determined, and no airplane shall depart for an airport of intended destination or have any airport specified as an alternate which is located at an elevation outside of the altitude range for which maximum landing weights have been determined.

(b) The weight of the airplane at take-off shall not exceed the authorized maximum take-off weight for the elevation of the airport from which the takeoff is to be made.

(c) The weight at take-off shall be such that, allowing for normal consumption of fuel and oil in flight to the airport of intended destination, the weight on arrival will not exceed the authorized maximum landing weight for the elevation of such airport.

§ 40.71-1 Weight limitations (CAA policies which apply to § 40.71). The limitations imposed by § 40.71 take into account only one operating variable, i. e., the elevation of the airport to be used as it affects the weight of the aircraft during take-off or landing. Other operating variables, such as runway length, gradient, wind and temperature, are considered in other sections of this part. Compliance with this section does not present a particular problem since the Airplane Flight Manual provides performance data for airports over a wide

range of elevations. However, most manuals do not provide data for operations at airports below sea level. Section 40.71 should not be construed as prohibiting operations from airports below sea level, since sea level data in the Airplane Flight Manual, being conservative, may be applied to such airports. [Supp. 2, 18 F. R. 7163, Nov. 11, 1953]

§ 40.72 Take-off limitations to provide for engine failure. No take-off shall be made except under conditions which will permit compliance with the following requirements:

(a) It shall be possible, from any point in the take-off up to the time of attaining the critical-engine-failure speed, to bring the airplane to a safe stop on the runway as shown by the accelerate-stop distance data.

(b) It shall be possible, if the critical engine should fail at any instant after the airplane attains the critical-enginefailure speed, to proceed with the take-off and attain a height of 50 feet, as indicated by the take-off path data, before passing over the end of the runway. Thereafter it shall be possible to clear all obstacles, either by at least 50 feet vertically, as shown by the take-off path data, or by at least 200 feet horizontally within the airport boundaries and by at least 300 feet horizontally after passing beyond such boundaries. In determining the allowable deviation of the flight path in order to avoid obstacles by at least the distances above set forth, it shall be assumed that the airplane is not banked before reaching a height of 50 feet, as shown by the take-off path data, and that a maximum bank thereafter does not exceed 15°.

(c) In applying the requirements of paragraphs (a) and (b) of this section, corrections shall be made for any gradient of the take-off surface. To allow for wind effect, take-off data based on still air may be corrected by not more than 50 percent of the reported wind component along the take-off path if opposite to the direction of take-off, and shall be corrected by not less than 150 percent of the reported wind component if in the direction of take-off.

§ 40.72-1 Take-off limitations to provide for engine failure (CAA policies which apply to § 40.72)-(a) Take-off flight path. Diagram 1 is a pictorial representation of the relationship required between the dimensions of an airport

and its surroundings, and the performance of the airplane. It illustrates the take-off flight path defined by the airworthiness requirements.

(b) Airport data. Complete data concerning the airport dimensions and characteristics, such as runway lengths, runway gradients, obstruction heights and location, airport elevation, and the nature and condition of airport areas other than paved runways from which take-offs might be made, are necessary for the determination of permissible take-off weights. The most nearly complete and satisfactory source of such data is the series of Airport Obstruction Plans prepared by the U. S. Department of Commerce Coast and Geodetic Survey. However, their Airport Obstruction Plan series does not yet completely cover the airports used by air carrier operators of Transport Category airplanes, and in addition, the Obstruction Plans do not present any data showing the nature or condition of runway surfaces or other airport areas suitable for use in take-off and landing. Furthermore, the Obstruction Plans necessarily contain data which may be several months old and which may not completely conform to the existing obstructions. Therefore, it may be necessary, for the air carrier operator, to supplement its data with information obtained from other sources. However, gross weight data calculated on the basis of such data should be rechecked or recalculated as soon as appropriate data from the Coast and Geodetic Survey becomes available.

(c) Runways. (1) Normally, only paved runways will be approved for use in take-off. However, in some cases there may be a defined rectangular area hereinafter designated as a stopway at the end of a runway in the direction of take-off, selected and approved as a suitable area, in which the aircraft can be stopped after an interrupted take-off. The stopway should have the same width as the runway it augments. The stopway should be so prepared or constructed as to enable the aircraft to come to a stop on it without hazard at the operating speeds that might be expected in this area after an interrupted take-off. If it is desired to use a stopway to meet the "climb to a 50-foot height” requirement, the stopway should be suitable for the aircraft to traverse it at take-off speeds without hazard.

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THE AIRPLANE SHALL RUN UP TO A SPECIFIED SPEED AND FROM THERE BE ABLE TO:

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DIAGRAM 1.

(2) In all cases the take-off should be assumed to begin on the paved runway and not on an unpaved area. No allowance need be made for the length of the airplane in determining what should be considered to be the proper point for beginning the take-off. Limitations established by the airport operator may make it necessary to stipulate that the beginning of the take-off area be at some point down the runway from the actual end of the paving.

(d) Turns to avoid obstructions. (1) Section 40.72 provides that after reaching a height of 50 feet, the aircraft may be turned with a bank not exceeding 15° to comply with the obstruction clearance criteria. Only one turn to a definite heading should be considered in detailing the take-off path.

(2) The radius of turn resulting from a banked turn of 15° may be determined from the following formula:

Radius of turn=VX0.25 feet

where V climb speed in m. p. h., TAS For example: At a climb speed of 120 m. p. h., the radius of turn for a 15° banked turn would be,

120X120X0.25=3600 feet

The effects of wind in altering a flight path need not be considered unless they are large (1⁄4 climb speed) and the angle of turn is more than 45° from the runway heading.

(e) Effect of runway gradient. (1) The effect of runway gradient on the accelerate distance, decelerate (stopping) distance, and ground run portion of the take-off path may be calculated from the following equation or by other means by which the effects of gradient may be accurately or conservatively computed.

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(2) The formula in subparagraph (1) of this paragraph is based on certain simplifying assumptions, i. e., that a uniform grade exists and that the airplane is accelerated uniformly throughout the ground run. Neither of these assumptions may be exactly correct, but the errors introduced by making such assumptions are small provided the airplane acceleration and the actual pointto-point grade do not depart from the average values of those quantities by any great amount.

(3) The effect of gradient during the climb-out should be determined by comparing the airplane rate of climb with the change in runway elevation, to determine first the weight or wind condition at which the airplane clears the end of the runway and all obstacles by an actual 50 feet and second, that the airplane clears all points on the runway after take-off.

(4) For purposes of simplification in calculating the effect of runway gradient on the take-off flight path, an average gradient consisting of the difference in elevation of the two ends of the runway divided by the runway length may be used, provided that no intervening point on the runway lies more than 5 feet above or below a straight line joining the two ends of the runway. In this case, the gradient effects on the acceleration portion of the take-off flight path and for the accelerate-stop portion may be presented together in simple chart form without introducing excessive errors. However, the actual gradient should be used for the climb-out segments of the flight path and in no case should the gradient be greater than the first segment climb.

(5) In those cases in which intermediate points on the runway depart more than five feet from the mean line, the gradient effects on the acceleration portions, the deceleration portion, and the climb portion of the flight path should be computed separately. An average gradient may be assumed for the ground run portion of the problem because the error resulting therefrom is so small that a more rigorous treatment is not justified, provided a truly representative gradient is chosen. Where there are no

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