Page:Civil Air Regulations - Part 40 (1953).pdf/8

8 construed to deny or to defeat the jurisdiction of the Federal courts, the Administrator. or the Board to impose any authorized sanction. including revocation of the certificate, for a violation of the Civil Aeronautics Act of 1933, as amended. regulations in this subchapter. or the air carrier operating certificate occurring during the effective period of such certificate.

Transferability of certificate. An air carrier operating certificate is not transferable, except with the written consent of the Administrator.

Operations specifications required. (a) On and after the effective date of this part all air carrier operations specifications currently in force relating to interstate air transportation shall cease to be a part of any air carrier operating certificate and shall be deemed to be operations specifications issued under this part. Thereafter new or amended specifications shall be issued by the Administrator for operations subject to this part in a form and manner prescribed by him and in accordance with the provisions of this part.

(b) No peison subject to the provisions of this part shall operate as an air carrier without. or in violation of, operations specifications issued by the Administrator.

Contents of specifications.

The operations specifications shall contain the following:

(a) Types of operations authorized.

(b) Types of airplanes authorized for use.

(c) En route authorizations and limitations.

(d) Airport authorizations and limitations.

(e) Time limitation for overhauls, inspections. and checks of airframes, engines, propellers. and appliances, or standards by which such time limitations shall be determined.

(f) Procedures used to maintain control of weight and balance of airplanes.

(g) Interline equipment interchange requirements, if pertinent, and

(h) Such additional items as the Administrator determines, under the enabling provisions of this part, are necessary to cover a particular situation

Utilization of operations specifications. The air carrier shall keep its personnel informed with respect to the contents of the operations specifications and all amendments thereto applicable to the individual's duties and responsibilities. A set of specifications shall be maintained by the air carrier as a separate and complete document. Pertinent excerpts from the specifications or references thereto shall be inserted in the manual issued by the air carrier.

Amendment of operations specifications. Any operations specification may be amended by the Administrator if he finds that safety in air transportation so requires or permits. Except in the case of an emergency requiring immediate action in respect to safety in air transportation or upon consent of the air carrier concerned, no amendment shall become effective prior to thirty days after the date the air carrier has been notified of such amendment. Within thirty days after either the receipt of such notice or the refusal of the Administrator to approve an air carrier's application for amendment, the air carrier may petition the Board to review the action of the Administrator. Except with regard to emergency amendmants by the Administrator, the effectiveness of any amendment concerning which the carrier has petitioned for review shall be stayed pending the Board's decision.

Inspection authority. An authorized representative of the Board or the Administrator shall be permitted at any time and place to make inspections or examinations to determine an air carrier's compliance with the requirements of the Civil Aeronautics Act of 1938, as amended. the regulations in this subchapter, the provisions of the air carrier's operating certificate, and the operations specifications.

Operations and maintenance base and office. Each air carrier shall give written notice to the Administrator of his principal business office, his principal operations base. and his principal maintenance base. Thereafter,, prior to any change in any such office or base, he shall give written notice to the Administrator.

REQUIREMENTS FOR SERVICE AND FACILITIES

Route requirements; demonstration of competence. The air carrier shall show that it is competent to conduct scheduled operations over any route or route segment between any regular, provisional,or refueling airport and that the facilities and services available are adequate for the type of operation proposed. The Administrator shall not require actual flight over a route or route segment, if the air carrier shows that such flight is not essential to safety. The air carrier may thereafter conduct operations between regular, provisional, or refueling airports on any approved route or routes on which the operational facilities and procedures are substantially similar: Provided. That high-altitude operations may be conducted over any route

Width of routes. A route or route segment shall include the navigable airspace on each side of an approved course or courses. and it shall have a width designated by the Administrator consistent with terrain, available navigational aids, traffic density, and air traffic control procedures: Provided. That for high-altitude operations. courses need not be approved, and the width of navigable airspace on each side thereof need not, be designated by the Administrator.

IFR routes outside of control areas. IFR routes outside of control areas shall be approved if the air carrier shows that the navigational and communications facilities are adequate for the operations proposed, unless the Administrator finds that because of traffic density an adequate level of safety cannot be insured in a particular area: Provided. That for high-altitude operations IFR routes need not be approved.

Airports. The air carrier shall show that each route has sufficient airports found by the Administrator to be properly equipped and adequate for the type of operations to be conducted. Consideration shall be given to items such as size. surface, obstructions, facilities, public protection, lighting, navigation and communications aids, and traffic control.

Communications facilities. The air carrier shall show that a two-way air/ground radio communication system is available at such points as will insure reliable and rapid communications over the entire route, either direct or via approved point-to-point circuits for the following purposes:

(a) Communications between airplanes and the appropriate dispatch office, in which case such systems shall be independent of systems operated by the Federal Government, and

(b) Communications between air-planes and the appropriate air traffic control unit, in which case the Administrator may permit the use of communications systems operated by the Federal Government.

Weather reporting facilities. The air carrier shall show that sufficient weather reporting services are available at such points along the route as are necessary to insure such weather reports and forecasts as are necessary for the operation. Weather reports used to control flight movements shall be those prepared and released by the U. S. Weather Bureau. or by a source approved by the Weather Bureau. Forecasts used to control flight movements shall be prepared from such weather reports.

En route navigational facilities. The air carrier shall show that nonvisual ground aids to air navigation are available along each route, that they are so located as to permit navigation to any regular, provisional, refueling, or alternate airport within the degree of accuracy necessary for the Operation involved, and that they are available for the navigation of airplanes within the degree of accuracy required for air traffic control: Provided, That no nonvisual ground aids to navigation are required for day VFR operations where the characteristics of the terrain are such that navigation can be conducted by pilotage.

Servicing and maintenance facilities. The air carrier shall show that competent personnel and adequate facilities and equipment. including spare parts, supplies. and materials. are available at such points along the air carrier's routes as are necessary for the proper servicing, maintenance, repair, and inspection of airplanes and auxiliary equipment.

Location of dispatch centers. The air carrier shall show that it. has a sufficient number of dispatch centers adequate for the operations to be