Page:Civil Air Regulations - Part 40 (1953).pdf/9

9 and located at such points as are necessary to insure the proper operational control of each flight.

MANUAL REQUIREMENTS

Preparation of manual. The air carrier shall prepare and keep current a manual for the use and guidance of flight and ground operations personnel in the conduct of its operations.

Contents of manual. (a) The manual shall contain instructions, information. and data necessary for the personnel concerned to carry out their duties and responsibilities with a high degree of safety. It shall be in a form to facilitate easy revision. and each page shall bear the date of the last revision thereof. The contents of such manual shall not be contrary to the provisions of any Federal regulations, operations specifications, or the operating certificate. The manual may be in two or more separate parts (e. g. flight operations, ground operations, maintenance, communications, etc.) to facilitate use by the personnel concerned, but each part shall contain so much of the information listed below as is appropriate for each group of personnel:

(1) General policies.

(2) Duties and responsibilities of each crew member and appropriate members of the ground organization,

(3) Reference to appropriate regulations in this subchapter and Civil Aeronautics Manuals.

(4) Flight dispatching and control,

(5) En route flight, navigation, and communication procedures, including procedures for the dispatch or continuance of flight, if any item of equipment required for the particular type of operation becomes inoperative or unserviceable en route,

(6) Appropriate information from the en route operations specifications, including for each approved route the types of airplanes authorized. their crew complement, the type of operation (i. e. VFR, IFR, day, night) and other pertinent information.

(7) Appropriate information from the airport operations specifications, including for each airport its location, its designation (i. e. regular, alternate, provisional. etc.), types of airplanes authorized, instrument approach procedures, landing and take-off minimums, and other pertinent information.

(8) Take-off, en route, and landing weight limitations.

(9) Procedures for familiarizing passengers with the use of emergency equipment during flight.

(10) Emergency equipment.

(11) The method of designating succession of command of flight crew members.

(12) Procedures for determining the usability of landing and take-off areas and for dissemination of pertinent information to operations personnel,

(13) Procedures for operation during periods of icing, hail, thunderstorms, turbulence, or any potentially hazardous meteorological conditions.

(14) Airman training programs, including appropriate ground, flight, and emergency phases,

(15) Instructions and procedures for maintenance, repair, overhaul, and servicing.

(16) Time limitations for overhaul, inspection, and checks, of airframes, engines, propellers, and appliances, and standards by which such time limitations shall be determined,

(17) Procedures for refueling airplanes, elimination of fuel contamination, protection from fire including electrostatic protection, and the supervision and protection of passengers during refueling.

(18) Inspections for airworthiness, including instructions covering procedures, standards, responsibilities, and authority of the inspection personnel.

(19) Methods and procedures for maintaining the airplane weight and center of gravity within approved limits.

(20) Pilot and dispatcher route and airport qualification procedures.

(21) Accident notification procedures, and

(22) Other data or instructions related to safety.

(b) At least one complete master copy of the manual containing all parts thereof shall be retained at the appropriate operations base of the air carrier.

Distribution of manual. (a) Copies of the entire manual, or appropriate portions thereof, together with revisions thereto shall be furnished to the following:

(1) Appropriate ground operations and maintenance personnel of the air carrier.

(2) Flight crew members.

(3) Authorized representatives of the Administrator assigned to the air carrier to act as aviation safety agents.

(b) All copies of the manual shall be kept up to date.

AIRPLANE REQUIREMENTS

General. Airplanes shall be identified. certificated, and equipped in accordance with the applicable airworthiness requirements of the regulations in this subchapter. No air carrier shall operate any airplane in scheduled operation unless such airplane meets the requirements of this part and is in an airworthy condition.

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 413.110 through 4b.125 of this subchapter and in addition shall meet the requirements of §§ 40.70 through 40.18: 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.

Airplane limitation for type of route. All airplanes used in passenger air transportation shall be multi-engine 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 air-planes 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.

Proving tests. (a) A type of airplane not previously approved 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 10-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 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.

AIRPLANE PERFORMANCE OPERATING LIMITATIONS; TRANSPORT CATEGORY

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