firm contract where the Administrator has previously permitted such operations based on genuine and diligent efforts to complete the required modifications. Such type certificate shall indicate that it meets the transport category requirements of Part 4b of the Civil Air Regulations in effect on July 20, 1950, with the exceptions authorized in SR-406A.

5. On and after July 1, 1956 (except as provided in paragraph 4), C-46 airplanes in passenger service shall comply with the provisions of Part 4b as in effect on July 20, 1950, except as otherwise provided hereinafter:

a. The provisions of §§ 4b.0 through 4b.19 of Part 4b, effective May 18, 1954, shall be complied with.

b. The provisions of §§ 4b.100 through 4b.190 need not be complied with.

c. The birdproof windshield requirements of § 4b.352 need not be complied with.

d. The provisions of §§ 4b.480 through 4b.490 effective May 16, 1953. shall be complied with in lieu of §§ 4b.480 through 4b.489 effective July 20, 1950, with the exception of subparagraph 4b.484 (a) (1) which shall be applicable as effective July 20, 1950, and paragraph 4b.487 (e) which has no counterpart in the 1950 regulations.

6. On and after January 1, 1957, C-46 airplanes in passenger service shall be recertificated in the transport category in accordance with paragraph 5 of this regulation, and shall comply with the provisions of §§ 4b.100 through 4b.190 with the following exception: In determining the take-off path in accordance with § 4b.116 and the one-engine-inoperative climb in accordance with § 4b.120 (a) and (b), the propeller of the inoperative engine may be assumed to be feathered if there is installed either an approved means for automatically indicating when the particular engine has failed or an approved means for automatically feathering the propeller of the inoperative engine.

7. In applying the provisions of paragraph 5 and 6 of this regulation, where literal compliance with the requirements of §§ 4b.130 through 4b.190 of Subpart B and Subparts C, D, E, and F of Part 4b is extremely difficult to accomplish, and where the Administrator finds that service experience with the C-46 type airplane so justifies, the Administrator may authorize deviations from specific details of these requirements, taking into account the effect of design changes.

8. On or after January 1, 1957, C-46 airplanes in passenger service shall be operated in accordance with the performance operating limitations applicable to transport category airplanes.

9. C-46 airplanes which comply with the provisions of paragraphs 5 and 6 of this regulation may be used in passenger operations conducted under the provisions of Parts 40 and 41 provided they are operated in accordance with paragraph 8.

10. This Special Civil Air Regulations supersedes Special Civil Air Regulation SR406B

[21 F.R. 4917, July 3, 1956]

SR-411B

Notwithstanding the applicable structural provisions of the Civil Air Regulations, any air carrier or foreign air carrier may operate, for the carriage of cargo only, the transport category airplanes specified in paragraph (1) of this regulation, at increased zero fuel and landing weights, under the conditions specified in paragraphs (2) through (6) of this regulation.

(1) Transport category airplanes certificated under the provisions of Part 4b, effective prior to March 13, 1956, as follows:

(a) DC-6A, DC-6B, DC-7B, DC-7C; and (b) L-1049 B, C, D, E, F, G, H, L-1649A when modified in accordance with supplemental type certificate SA-4-1402.

(2) The zero fuel weight (maximum weight of the airplane with no disposable fuel and oil) and the structural landing weight may be increased beyond the maximum approved in full compliance with the applicable Civil Air Regulations: Provided, That any increase in the zero fuel weight shall not exceed 5 percent and that the increase in the structural landing weight shall not exceed the amount, in pounds, of the increase in zero fuel weight: And provided further, That the Administrator finds that the increase in either such weight is not likely to reduce seriously the structural strength, that the probability of sudden fatigue failure is not noticeably increased, and that the flutter, deformation, and vibration characteristics do not fall below those required by the applicable Civil Air Regulations. All other weight limitations established in accordance with the Civil Air Regulations applicable to the type airplane shall apply.

(3) Each airplane shall be inspected in accordance with the special inspection procedures for operations at increased weights established and issued by the manufacturer of the particular type airplane and approved by the Administrator.

(4) Each airplane operated by an air carrier under this regulation shall be operated in accordance with the passenger-carrying transport category performance operating limitations prescribed in Part 40, 41, or 42. Operation of airplanes by a foreign air carrier is not permitted under the authority of this regulation unless the country of registry requires the airplanes to be operated in accordance with such performance operating limitations or the equivalent thereof.

(5) The Airplane Flight Manual for each airplane operated under the provisions of this regulation shall be appropriately revised to include the operating limitations and information required for operation with the increased weights.

(6) An airplane operated at increased weights under the provisions of this regula

tion shall be inspected in accordance with the special inspection procedures for return to passenger service established and issued by the airplane manufacturer and approved by the Administrator, before it is used in passenger service, except as provided for the carriage of persons under Special Civil Air Regulation No. SR-432A.

This regulation supersedes Special Civil Air Regulation No. SR-411A.

(Secs. 313(a), 601, 603, 604, 610; 72 Stat. 752, 775, 776, 778, 780; 49 U.S.C. 1354, 1421, 1423, 1424, 1430) [27 F.R. 6321, July 4, 1962]

SR-420

Contrary provisions of §§ 40.173 (e), 41.23d (a), and 42.24c (a) of Parts 40, 41, and 42, respectively, of the Civil Air Regulations notwithstanding, after May 31, 1957, means need not be provided to assist the occupants of a passenger-carrying DC-3 airplane in descending from the airplane by way of the rear window emergency exit: Provided, That the authority contained herein shall not apply to DC-3 airplanes which are operated with an occupancy greater than that specified in Special Civil Air Regulation No. SR389 for DC-3 airplanes with 4 exits authorized for passenger use.

[22 F. R. 3706, May 25, 1957]

SR-426

Contrary performance provisions of the Civil Air Regulations notwithstanding, the Administrator may grant performance credit for the use of standby power on transport category airplanes. Such credit shall be applicable only to the maximum certificated take-off and landing weights, the take-off distance, and the take-off paths, and shall not exceed that found by the Administrator to result in an over-all level of safety in the take-off, approach, and landing regimes of flight equivalent to that prescribed in the regulations under which the airplane was originally certificated without standby power. (NOTE: Standby power is power and/or thrust obtained from rocket engines for a relatively short period and actuated only in cases of emergency.) The following provisions shall apply:

(1) Take-off: general. The take-off data prescribed in sections (2) and (3) shall be determined at all weights and altitudes, and at ambient temperatures if applicable at which performance credit is to be applied.

(2) Take-off path. (a) The one-engineinoperative take-off path with standby power in use shall be determined in accordance with the performance requirements of the applicable airworthiness regulations.

(b) The one-engine-inoperative take-off path (excluding that portion where the airplane is on or just above the take-off surface) determined in accordance with paragraph (a) of this section shall lie above the one-engine-inoperative take-off path without standby power at the maximum take-off weight at which all of the applicable airworthiness requirements are met. For the

purpose of this comparison, the flight path shall be considered to extend to at least a height of 400 feet above the take-off surface. (c) The take-off path with all engines operating, but without the use of standby power, shall reflect a conservatively greater over-all level of performance than the oneengine-inoperative take-off path established in accordance with paragraph (a) of this section. The aforementioned margin shall be established by the Administrator to insure safe day-to-day operations, but in no case shall it be less than 15 percent. The all-engines-operating take-off path shall be determined by a procedure consistent with that established in complying with paragraph (a) of this section.

(d) For reciprocating-engine-powered airplanes, the take-off path to be scheduled in the Airplane Flight Manual shall represent the one-engine-inoperative take-off path determined in accordance with paragraph (a) of this section and modified to reflect the procedure (see section (6)) established by the applicant for flap retraction and attainment of the en route speed. The scheduled takeoff path shall have a positive slope at all points of the airborne portion and at no point shall it lie above the take-off path specified in paragraph (a) of this section.

(3) Take-off distance. The take-off distance shall be the horizontal distance along the one-engine-inoperative take-off path determined in accordance with section (2) (a) from the start of the take-off to the point where the airplane attains a height of 50 feet above the take-off surface for reciprocatingengine-powered airplanes and a height of 35 feet above the take-off surface for turbinepowered airplanes.

(4) Maximum certificated take-off weights. The maximum certificated take-off weights shall be determined at all altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied and shall not exceed the weights established in compliance with paragraphs (a) and (b) of this section.

(a) The conditions of section (2) (b) through (d) shall be met at the maximum certificated take-off weight.

(b) Without the use of standby power, the airplane shall meet all of the en route requirements of the applicable airworthiness regulations under which the airplane was originally certificated. In addition, turbinepowered airplanes without the use of standby power shall meet the final take-off climb requirements prescribed in the applicable airworthiness regulations.

(5) Maximum certificated landing weights. (a) The maximum certificated landing weights (one-engine-inoperative approach and all-engines-operating landing climb) shall be determined at all altitudes, and at ambient temperatures if applicable, at which performance credit is to be applied and shall not exceed that established in compliance with the provisions of paragraph (b) of this section.

(b) The flight path, with the engines operating at the power and/or thrust appropriate to the airplane configuration and with standby power in use, shall lie above the flight path without standby power in use at the maximum weight at which all of the applicable airworthiness requirements are met. In addition, the flight paths shall comply with the provisions of subparagraphs (1) and (ii) of this paragraph.

(1) The flight paths shall be established without changing the appropriate airplane configuration.

(11) The flight paths shall be carried out for a minimum height of 400 feet above the point where standby power is actuated.

(6) Airplane configuration, speed, and power and/or thrust; general. Any change in the airplane's configuration, speed, and power and/or thrust shall be made in accordance with the procedures established by the applicant for the operation of the airplane in service and shall comply with the provisions of paragraphs (a) through (c) of this section. In addition, procedures shall be established for the execution of balked landing and missed approaches.

(a) The Administrator shall find that the procedure can be consistently executed in service by crews of average skill.

(b) The procedure shall not involve methods or the use of devices which have not been proven to be safe and reliable.

(c) Allowances shall be made for such time delays in the execution of the procedures as may be reasonably expected to occur during service.

(7) Installation and operation; standby power. The standby power unit and its installation shall comply with the provisions of paragraphs (a) and (b) of this section.

(a) The standby power unit and its installation shall not adversely affect the safety of the airplane.

(b) The operation of the standby power unit and its control shall have proven to be safe and reliable.

[23 F. R. 7454, Sept. 25, 1958]

SR-432A

1. The following persons, when duly authorized by the air carrier or commercial operator operating the airplane may be carried aboard an airplane engaged in the carriage of cargo only, without compliance with the passenger-carrying or passengerservice airplane requirements of Parts 40, 41, and 42, and SR-406C and SR-411A of the Civil Air Regulations:

(a) A person performing a specific duty assignment aboard an airplane in connection with the safety of the flight, or the safe carriage of animals, or radioactive materials within the meaning of and subject to the requirements of § 49.2 of the Civil Air Regulations; or while traveling to or from such duty assignments where the air carrier or commercial operator finds that other means of transportation are not practicable;

(b) A person performing duty as a security or honor guard aboard an airplane for

shipments made by or under the authority of the Federal Government;

(c) Military couriers, military route supervisors, and flight crewmembers of any military cargo contract air carrier or commercial operator, when operating under a military cargo contract and specifically authorized by the appropriate military service; and

(d) Company employees of the air carrier or commercial operator and their dependents when traveling on company business to or from outlying stations not served by adequate, regular passenger flights. When such persons are carried, cargo will be loaded in such a manner as not to obstruct access to the pilot compartment, or the appropriate emergency or regular exits. In addition, for extended overwater flights, or for flights over uninhabited terrain, emergency and survival equipment adequate for the particular operation involved shall be carried. Procedures for the safe carriage of company employees and their dependents under this subparagraph shall be incorporated into the air carrier's or commercial operator's operations manual.

2. An approved seat with a safety belt shall be available for the use of each person described in paragraph 1. The location of the seat shall be such that the occupant will not be in a position to interfere with the flight crewmembers in the performance of their duties.

3. Persons described in paragraph 1 may be admitted to the flight deck of the airplane when authorized by the pilot in command.

This Special Civil Air Regulation supersedes Special Civil Air Regulation No. SR419 and Special Civil Air Regulation No. SR-432, and shall remain in effect until superseded or rescinded.

(Secs. 313(a), 601, 604, 605; 72 Stat. 752, 775, 778; 49 U.S.C. 1354, 1421, 1424, 1425) [27 F.R. 1209, Feb. 9, 1962]

SR-436B

1. Airborne weather radar equipment requirement. After the dates specified, the following transport category airplanes shall not be used for the carriage of passengers under the provisions of Parts 40, 41 or 42 of the Civil Air Regulations, unless approved airborne weather radar equipment is installed in such airplanes:

(a) July 1, 1960, for all turbine-powered airplanes certificated under the transport category rules;

(b) January 1, 1961, for the Douglas DC-7 Series, Douglas DC-6 Series, and Lockheed 1049 and 1649 Series type airplanes; and

(c) January 1, 1962, for all airplanes certificated under the transport category rules, except C-46 type airplanes.

NOTE: Airplanes subject to the provisions of paragraph (c) of this section include, but are not limited to, the following types: Boeing 377; Convair 240, 340, and 440; Lockheed 049 and 749; Martin 202 and 404; and Douglas DC-4.

2. Schedule for installation of equipment. (a) Each operator conducting passenger operations under the provisions of Parts 40, 41 or 42 of the Civil Air Regulations with transport category airplanes on which airborne weather radar is not installed, shall establish a schedule for the progressive completion of such radar installations, in accordance with the provisions of section 1 of this regulation. The schedule shall provide for the completion of all required radar installations on or before the dates specified in section 1 of this regulation, and the completion of at least 40 percent of the required installations on or before the following dates:

(1) August 1, 1960, for airplanes of the types specified in section 1(b), and

(2) February 1, 1961, for airplanes of the types specified in section 1(c).

(b) on or before July 1, 1960, a copy of the schedule required by paragraph (a) of this section shall be submitted to an authorized representative of the Administrator, together with a list of any airplanes the operator intends to discontinue using in the carriage of passengers prior to the date on which radar equipment must be installed.

3. Requirement for dispatch and continuance of flight. After the effective date specified in section 6 of this regulation, all transport category airplanes having approved airborne weather radar installed shall be operated in accordance with the following rules when used in passenger operations under Part 40, 41, or 42:

(a) Dispatch. No airplane shall be dispatched (or flight of an airplane started under the provisions of Part 42) under IFR or night VFR conditions when current weather reports indicate thunderstorms, or other potentially hazardous weather conditions which can be detected by airborne weather radar, may reasonably be expected to be encountered along the route to be flown, unless approved airborne weather radar equipment installed in the airplane is in a satisfactory operating condition.

(b) En route. In the event the airborne weather radar becomes inoperative en route, the airplane shall be operated in accordance with the instructions and procedures specified in the operations manual for such occurrence. After the date specified by section 1 of this regulation for the mandatory installation of approved airborne weather radar on the type of airplane involved, such instructions and procedures shall meet with the approval of an authorized representative of the Administrator.

4. Exceptions. The provisions of this regulation shall not apply to airplanes used (a) solely within the State of Hawaii or within the State of Alaska and that portion of the Dominion of Canada west of longitude 130° West, between latitude 70° North and latitude 53° North, or (b) during all-cargo, training, test, or ferry flights.

5. Electrical power supply. Contrary provisions of the Civil Air Regulations notwithstanding, an alternate electrical power supply

Each air carrier shall make available a seat on the flight deck of each aircraft used by it in air transportation for occupancy by an authorized representative of the Administrator while conducting en route inspections. The location and equipment of such seat, in respect to its suitability for use in conducting en route inspections, shall be as required by the Administrator or his representative. In all Boeing 707's, Douglas DC-8's, and other types of aircraft having more than one observer's seat in excess of that required for the crew complement for which the aircraft was certificated, the forward observer's seat shall be made available to such representative.

[25 F.R. 5146, June 9, 1960]

SR-446B

No person shall operate, nor shall any operator or pilot in command of an aircraft permit the operation of, a portable frequency modulation (FM) radio receiver on the following civil aircraft of the United States while such aircraft are engaged in flight in air commerce:

(a) Aircraft operated by an air carrier or commercial operator; and

(b) Any other aircraft equipped with VHF omnirange (VOR) navigational equipment while such VOR equipment is being used for navigational purposes.

This special regulation supersedes Special Civil Air Regulation No. SR-446A.

(Secs. 313 (a) and 601 of the Federal Aviation Act of 1958; 49 U.S.C. 1354 and 1421) [28 F.R. 3648, Apr. 13, 1963]

SR-448A

1. No person shall assault, threaten, intimidate, or interfere with a crewmember in the performance of his duties aboard an aircraft being operated in air commerce; nor shall any person attempt to or cause the flight crew of such aircraft to divert its flight from its intended course or destination.

2. Except for employees or officials of municipal, State, or Federal Governments who are authorized or required to carry arms, and except for those crewmembers and such other persons as may be authorized by an air carrier, no person, while aboard an aircraft being operated by an air carrier in air transportation, shall carry on or about his person a deadly or dangerous weapon, either concealed or unconcealed.

This special regulation supersedes Special Civil Air Regulation No. SR-448.

(Secs. 313, 601, 902; 72 Stat. 752, 775, 784; 49 U.S.C. 1354, 1421, 1472) [26 F.R. 9670, Oct. 13, 1961]

SR-450A

Contrary provisions of the Civil Air Regulations notwithstanding, the following requirements shall be applicable to transport category airplanes certificated under the provisions of Part 4b in effect prior to May 3, 1962:

1. Turbine-powered airplanes. (a) On or before March 1, 1963: (1) the airspeed operating limitations in the Airplane Flight Manual shall be revised by deleting the term "normal operating limit speed" and the corresponding symbols "VNO/MNO", together with statements explaining the significance of this term, and inserting in lieu thereof the term "maximum operating limit speed", the corresponding symbols "Vмo/MMO", and the following statement explaining the significance of the new term:

The maximum operating limit speed shall not be deliberately exceeded in any regime of fight (climb, cruise, or descent), except where a higher speed is specifically authorized for flight test or pilot training operations, or in approved emergency procedures.

(2) Airspeed placards and instrument markings shall be consistent with subparagraph (1) of this paragraph. Where color markings are used on airspeed or Mach indicators, the red radial line shall be at Vмo/MMо Where a maximum allowable airspeed indicator is used, the limit hand shall indicate Vo/MMO

MO

(b) On or before February 1, 1964, each airplane shall be equipped with a speed warning device which shall provide aural warning to the pilots, which is distinctly different from aural warnings used for other purposes, whenever the speed exceeds V, plus 6 knots or Myo+0.01. The upper limit of the production tolerances permitted for the warning device shall be at a speed not greater than the prescribed warning speed.

MO

мо

2. Reciprocation engine-powered airplanes. On or before March 1, 1963, the airspeed operating limitations in the Airplane Flight Manual shall be revised as necessary to state that the normal operating limit speed, or the maximum structural cruising speed (whichever term is used in the particular manual), shall not be deliberately exceeded in any regime of flight (climb, cruise, or descent), except where a higher speed is specifically authorized for flight test or pilot training operations, or in approved emergency procedures.

This regulation supersedes Special Civil Air Regulation No. SR-450.

(Secs. 313(a), 601, 603, 604; 72 Stat. 752, 775, 776, 778; 49 U.S.C. 1354, 1421, 1423, 1424) [27 F.R. 8760, Sept. 1, 1962]

SR-455

Whenever an inspector of the Federal Aviation Agency shall, in the performance of his duties of conducting an inspection, present his credential Form ACA-110A, “Air Carrier Inspector's Credential", to the pilot in command of an aircraft operated by an air carrier or commercial operator, he shall be given free and uninterrupted access to the pilot's compartment of such aircraft. (Secs. 313(a), 601, 604, 609; 72 Stat. 752, 775, 778, 779; 49 U.S.C. 1354(a), 1421, 1424, 1429) [27 F.R. 11692, Nov. 2, 1962; 27 F.R. 12258, Dec. 12, 1962]

CROSS REFERENCES: For Special Civil Air Regulation with respect to turbine-powered transport category airplanes of current design, see SR-422, SR-422A, and SR-422B in Part 4b of this subchapter.

For Special Civil Air Regulation with respect to Class I and Class II provisional type and airworthiness certificates for the operation of aircraft, see SR-425C in Part 1 of this subchapter.

APPLICABILITY AND DEFINITIONS

§ 40.1 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 IV 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.

1 This credential contains a picture and description of the inspector to whom it is assigned and certifies that he is assigned to the duty of inspecting during flight. It also contains an authorization for the inspector to have access to the pilot's compartment in the performance of such duty.