Page:Civil Air Regulations - Part 40 (1953).pdf/7

7 area shall extend laterally for a distance of 200 feet on each side of the center line at the point where the obstruction clearance plane intersects the runway and, shall continue at this width until the end of the runway; thence it shall increase uniformly to 500 feet on each side of the center line at a point 1,500 feet from the intersection of the obstruction clearance plane with the runway; thereafter it shall extend laterally for a distance of 500 feet on each side of the center line.

Obstruction clearance plane. An obstruction clearance plane is a plane which is tangent to or clears all obstructions within the obstruction clearance area and which slopes upward from the runway at a slope of 1:20 to the horizontal as shown in a profile view of the obstruction clearance area.

Operational control. Operational control is the exercise of authority over initiation, continuation, diversion, or termination of a flight.

Over-the-top. Over-the-top shall mean the operation of an airplane above a layer of clouds or obscuring phenomena that is reported as "broken." "overcast," or "obscuration" and not classified as "thin" or "partial."

Pilot in command. The pilot is command is the pilot designated by the air carrier as the pilot responsible for the operation and safety of the airplane during the time defined as flight time.

Pilotage. Pilotage is navigation by means of visual reference to landmarks.

Propeller. Propeller shall mean a device for propelling an airplane through the air, having blades mounted on a power-driven shaft, which when rotated produces by its action on the air a thrust approximately parallel to the longitudinal axis of the airplane.

Provisional airport. A provisional airport is an airport approved for use by an air carrier for the purpose of providing service to a community when the regular airport serving that community is not available.

Rating. Rating is an authorization issued with a certificate, and forming a part thereof, delineating special conditions, privileges, or limitations pertaining to such certificate.

Refueling airport. A refueling airport is an airport approved as an airport to which flights may be dispatched only for refueling.

Regular airport. A regular airport is an airport approved as a regular terminal or intermediate stop on an authorized route.

Route. A route is the airspace on either side of a course joining those points on the surface of the earth between which an air carrier provides air transportation in accordance with the terms of its certificate of public convenience and necessity issued by the Board.

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 shall mean 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 shall mean 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, $$V_2$$.}} The take-off 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 40 of this subchapter or the transport category requirements of Part 40 of this subchapter.

Type. With regard to airman qualifications, type shall mean 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.

V$S0$ V$S0$, 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. Week shall mean that period of time extending from the first day of any week as delineated by the calendar through the last day thereof.

Year. Year shall mean 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

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.

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.

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.

Issuance of certificate. (a) An air carrier operating certificate shall be issued by the Administrator to an applicant having a certificate of public convenience and necessity issued by the Civil Aeronautics Board when the Administrator finds, after investigation, that such person is properly and adequately equipped and able to conduct a safe operation in accordance with the requirements of this part and with the operations specifications authorized in this part.

(b) Whenever, upon investigation, the Administrator finds that the general standards of safety required for air carrier operations in airplanes of 12,500 pounds or less maximum certificated take-off weight, or for air carrier operations conducted pursuant to a temporary authorization issued under Title IV of the Civil Aeronautics Act of 1938, as amended. require or permit a deviation from any specific requirement for a particular Operation or class of operations for which an application for an air carrier operating certificate has been made, he may issue operations specifications prescribing requirements which deviate from the requirements of this part. The Administrator shall promptly notify the Board of such deviations in the operations specifications and the reasons therefor.

Amendment of certificate.

(a) The Administrator shall, after notice and opportunity for hearing to the carrier concerned. amend an air carrier operating certificate when he finds that such amendment is reasonably required in the interest of safety.

(b) Upon application by an air carrier the Administrator shall amend an air carrier operating certificate when he finds that the general standards of safety permit such an amendment.

Display of certificate. The air carrier operating certificate shall be available at the principal operations office of an air carrier for inspection by any authorized representative of the Board or the Administrator.

Duration of certificate. (a) An air carrier operating certificate shall remain in effect until termination of the certificate of public convenience and necessity or other economic authorization issued by the Board held by the air carrier, or until surrendered, suspended, revoked, or otherwise terminated by order of the Board. After suspension or revocation it shall be returned to the Administrator.

(b) Nothing in this section shall be