Page:Civil Air Regulations - Part 40 (1953).pdf/5

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§§ 40.1 to 40.511 issued under sec. 205. 52 Stat. 984; 49 U. S. C. 425. Interpret or apply secs. 601. 605. 52 Stat. 1007. 1010; 49 U. S. C. 551, 555.

APPLICABILITY AND DEFINITIONS

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 1V 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.

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.

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

Accelerate-stop distance. Accelerate-stop 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. Air carrier means any citizen of the United States who directly, or by lease or by other arrangement, undertakes 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 shall mean any and all kinds of fuselages, booms, nacelles, cowlings, fairings, empennages, airfoil surfaces, and landing gear, and all parts, accessories, of controls, of whatever description, appertaining thereto, but not including engines and propellers.

Airplane. A power-driven fixed-wing aircraft, heavier than air, which, is supported by the dynamic reaction of the air against its wings.

Airport. An airport is an area of land or water which is used, or intended for use, for the landing and take-off of airplanes.

Alternate airport. An alternate airport is an approved airport to which a flight may proceed if a landing at the airport to which the flight was dispatched becomes inadvisable.

Appliances. Appliances shall mean instruments, equipment, apparatus, parts, appurtenances, or accessories of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of airplanes in flight (including communication equipment, electronic devices, and any other mechanism or mechanisms installed in or attached to airplanes during flight, but excluding parachutes), and which are not a part or parts of airframes, engines, or propellers.

Approved. Approved, when used alone or as modifying terms such as means, method, action, equipment, etc., shall mean approved by the Administrator.

Authorized representative of the Administrator. An authorized representative of the Administrator shall mean any employee of the Civil Aeronautics Administrator or any private person, authorized by the Administrator to perform particular duties of the Administrator under the provisions of this part.

Ceiling. Ceiling is the height above the ground or water of the lowest layer of clouds or obscuring phenomena. that is reported as "broken," "overcast." or "obscuration" and not classified as "thin" or "partial."

Check airman. A check airman is an airman designated by the air carrier and approved by the Administrator to examine other airmen to determine their proficiency with respect to procedures and technique and their competence to perform their respective airman duties.

Control area. Control area is airspace having defined dimensions, designated