Page:Civil Air Regulations - Part 40 (1942).pdf/3

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CIVIL AIR REGULATIONS

for safe operation as related to the service offered, the route traversed, the aircraft used, and the operating and maintenance procedures, and techniques proposed.

40.14 Operations manual. Applicant shall show an operations manual, prepared for the use of its airmen, which fully details the operating and communications methods, procedures, and techniques proposed for its air carrier operations.

40.15 Maintenance manual. Applicant shall show a maintenance manual or suitable equivalent prepared for the use of its airmen and other maintenance personnel which adequately defines the maintenance methods, procedures, and techniques proposed for its air carrier operations.

40.16 Schedules. Applicant shall show proposed schedules set up with due regard to sufficient time for the adequate servicing with fuel and oil at intermediate stops, and to prevailing winds, and on the basis of a cruising speed of the aircraft at not to exceed the specified cruising power output of the engines as operated in the aircraft.

40.2. Passenger minimum requirements. To be eligible for an air carrier operating certificate for the carriage of persons in interstate air transportation within the continental limits of the United States, an applicant, in addition to meeting the minimum requirements provided for in § 40.1, shall meet and comply with the following minimum requirements prescribed for the particular kind of operation proposed. Airplanes proposed for use for the carriage of passengers shall be subject to the following requirements:

(a) No airplane certificated as a basic type after June 30, 1942, shall be deemed adequate for use in scheduled air transportation unless it has been certificated in accordance with the transport category requirements of Part 04;

(b) No airplane which has been certificated as a basic type in accordance with the transport category requirements of Part 04 shall be deemed adequate for use in scheduled air transportation unless it can meet the requirements of § 61.712 over each route to be flown;

(c) On or after December 31, 1944, no individual airplane shall be deemed adequate for use in scheduled air transportation unless it has been certificated in accordance with the transport category requirements of Part 04, and can meet the requirements of § 61.712 over each route to be flown, or unless such airplane has been used in scheduled air transportation with the approval of the Administrator prior to that date;

(d) No airplane shall be deemed adequate for use in scheduled air transportation after December 31, 1947, unless it has been certificated in accordance with the transport category requirements of Part 04, and can meet the requirements of § 61.712 over each route to be flown.

40.20 Route requirements: Visual-contact day operation.

40.200 Airway. Applicant shall show that the regular route over which the proposed operations will be conducted is, or prior to authorization will be, within the limits of a civil airway, or is otherwise deemed satisfactory by the Administrator for the operation proposed. (If applicant's proposed route does not lie within the limits of a civil airway, a petition requesting that a civil airway be designated to embrace such route may be made simultaneously with the air carrier operating certificate application.)

40.201 Airports. Applicant shall show that the airports to be used as terminals and scheduled intermediate stops are deemed adequate by the Administrator for safe air carrier operation of the type proposed.

40.202 Public-protection. Applicant shall show that reasonable and adequate facilities and safety devices (Including protection from revolving aircraft propellers) are provided for the protection of the public at each terminal and scheduled intermediate stop.

40.203 Intermediate fields. Applicant shall show intermediate fields or airports available for safe landings with the load authorized for the route, or part thereof, and located so that the aircraft, when flying along the proposed route, shall at no time be at a distance greater than 50 miles from an intermediate field or airport: Provided, That the Administrator may permit or require intermediate fields at greater or less distances if suitable or necessary to provide adequate safety along the proposed route.

40.204. Refueling facilities. Applicant shall show that adequate refueling facilities including equipment to test gasoline storage tanks for the presence of water and to remove any water or condensation found therein, are provided at each terminal, scheduled intermediate stop, and intermediate field where refueling is contemplated.