As used in this part terms shall be defined as follows:

Accelerate-stop distance. Acceleratestop distance is the distance required to accelerate an airplane to a specified speed and, assuming failure of the critical engine at the instant that speed is attained, to bring the airplane to a stop. (See the pertinent airworthiness requirements for the manner in which such distance is determined.)

Administrator. The Administrator is the Administrator of Civil Aeronautics.

Air carrier. An air carrier is any citizen of the United States who undertakes directly, or by lease or by other arrangement, the carriage by airplane of persons or property as a common carrier for compensation or hire, or the carriage of mail by airplane.

Aircraft dispatcher. An aircraft dispatcher is an individual holding a valid aircraft dispatcher certificate issued by the Administrator who exercises responsibility with the pilot in command in the operational control of each flight.

Airframe. Airframe means any and all kinds of fuselages, booms, nacelles, cowlings, fairings, empennages, airfoil surfaces, and landing gear, and all parts, accessories, or controls, of whatever description, appertaining thereto, but not including engines and propellers.

Airplane. An airplane is a powerdriven fixed-wing aircraft, heavier than air, which is supported by the dynamic reaction of the air against its wings.

Airport. An airport is an area of land or water which is used, or intended for use, for the landing and take-off of airplanes.

Alternate airport. An alternate airport is an approved airport to which a flight may proceed if a landing at the airport to which the flight was dispatched becomes inadvisable.

Appliances. Appliances are instruments, equipment, apparatus, parts, appurtenances, or accessories of whatever description, which are used, or are capable of being or intended to be used, in the navigation, operation, or control of airplanes in flight (including communi

cation equipment, electronic devices, and any other mechanism or mechanisms installed in or attached to airplanes during flight, but excluding parachutes), and which are not a part or parts of airframes, engines, or propellers.

used

Approved. Approved, when alone or as modifying terms such as means, method, action, equipment, etc., means approved by the Administrator.

Authorized representative of the Administrator. An authorized representative of the Administrator is any employee of the Administrator of the Federal Aviation Agency or any private person, authorized by the Administrator to perform particular duties of the Administrator under the provisions of this part.

Ceiling. Ceiling is the height above the ground or water of the lowest layer of clouds or obscuring phenomena that is reported as "broken," "overcast," or "obscuration" and not classified as "thin" or "partial."

Check airman. A check airman is an airman designated by the air carrier and approved by the Administrator to examine other airmen to determine their proficiency with respect to procedures and technique and their competence to perform their respective airman duties.

Crew member. A crew member is any individual assigned by an air carrier for the performance of duty on an airplane in flight.

Critical engine. The critical engine is that engine the failure of which gives the most adverse effect on the airplane flight characteristics relative to the case under consideration.

Critical-engine-failure speed, V1 (transport category airplanes). The critical-engine-failure speed is the airplane speed used in the determination of the take-off distance required at which the critical engine is assumed to fail. (See the pertinent airworthiness requirements for the manner in which such speed is determined.)

Dispatch release. A dispatch release is an authorization issued by an air carrier specifying the conditions for the origination or continuance of a particular flight.

Duty aloft. Duty aloft includes the entire period during which an individual is assigned as a member of an airplane crew during flight time.

Effective length of runway-(1) Takeoff. The effective length of runway for take-off as used in the take-off operating limitations for nontransport cate

gory airplanes is the distance from the end of the runway at which the take-off is started to the point at which the obstruction clearance plane associated with the other end of the runway intersects the center line of the runway.

(2) Landing. The effective length of runway for landing as used in the landing operating limitations for both transport and nontransport category airplanes is the distance from the point at which the obstruction clearance plane associated with the approach end of the runway intersects the center line of the runway to the far end thereof.

En route. En route means the entire flight from the point of origination to the point of termination, including intermediate stops.

An

Extended overwater operation. extended overwater operation is an operation over water conducted at a distance in excess of 50 miles from the nearest shore line.

Fireproof.

Fireproof material means

a material which will withstand heat equally well or better than steel in dimensions appropriate for the purpose for which it is to be used. When applied to material and parts used to confine fires in designated fire zones, fireproof means that the material or part will perform this function under the most severe conditions of fire and duration likely to occur in such zones.

Fire-resistant. When applied to sheet or structural members, fire-resistant material means a material which will withstand heat equally well or better than aluminum alloy in dimensions appropriate for the purpose for which it is to be used. When applied to fluid-carrying lines, this term refers to a line and fitting assembly which will perform its intended protective functions under the heat and other conditions likely to occur at the particular location.

Flame-resistant. Flame-resistant material means a material which will not support combustion to the point of propagating beyond safe limits, a flame after the removal of the ignition source. Flammable. Flammable fluids or gases mean those which will ignite readily or explode.

Flash-resistant. Flash-resistant material means material which will not burn violently when ignited.

Flight crew member. A flight crew member is a crew member assigned to duty on an airplane as a pilot or flight engineer.

Flight engineer. A flight engineer is an individual holding a valid flight engineer certificate issued by the Administrator and whose primary assigned duty during flight is to assist the pilots in the mechanical operation of an airplane.

Flight time. Flight time is the time from the moment the airplane first moves under its own power for the pur pose of flight until it comes to rest at the next point of landing (block-to-block time).

High-altitude operation. High-altitude operation is flight conducted at or above 12,500 feet above sea level east of longitude 100° W. and at or above 14,500 feet above sea level west of longitude 100° W.

IFR. IFR is the symbol used to designate instrument flight rules.

Interstate air transportation. Interstate air transportation is the carriage by airplane of persons or property as a common carrier for compensation or hire or the carriage of mail by airplane, in commerce between a place in any State of the United States, or the District of Columbia, and a place in any other State of the United States, or the District of Columbia; or between places in the same State of the United States, or the District of Columbia; whether such commerce moves wholly by airplane or partly by airplane and partly by other forms of transportation.

Maximum certificated take-off weight. Maximum certificated take-off weight is the maximum take-off weight authorized by the terms of the airplane airworthiness certificate.

NOTE: The airplane airworthiness certificate incorporates as a part thereof the airplane operating record or that portion of an Airplane Flight Manual which contains the pertinent limitation.

Minimum control speed. The minimum control speed is the minimum speed at which an airplane can be safely controlled in flight after an engine suddenly becomes inoperative. (See pertinent airworthiness requirements for the manner in which such speed is determined.)

Month. A month is that period of time extending from the first day of any month as delineated by the calendar through the last day thereof.

Night. Night is the time between the ending of evening civil twilight and the beginning of morning civil twilight as published in the American Air Almanac

converted to local time for the locality concerned.

NOTE: The American Air Almanac containing the ending of evening twilight and the beginning of morning twilight tables may be obtained from the Superintendent of Documents, Government Printing Office, Washington 25, D. C. Information is also available concerning such tables in the Offices of the Civil Aeronautics Administration or the United States Weather Bureau.

Obstruction clearance area-(1) Take-off. A take-off obstruction clearance area as used in the take-off operating limitations for nontransport category airplanes is an area on the earth's surface defined as follows: The center line of the obstruction clearance area in plan view shall coincide with and prolong the center line of the runway, beginning at the point where the obstruction clearance plane intersects the center line of the runway and proceeding to a point not less than 1,500 feet from the beginning point. Thereafter the center line shall proceed in a path consistent with the take-off procedure for the runway or, where such a procedure has not been established, consistent with turns of at least 4,000-foot radius until a point is reached beyond which the obstruction clearance plane clears all obstructions. The obstruction clearance 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.

(2) Landing. A landing obstruction clearance area as used in the landing operating limitations for both transport and nontransport category airplanes is an area on the earth's surface defined as follows: The center line of the obstruction clearance area in plan view shall coincide with and prolong the center line of the runway, beginning at the point where the obstruction clearance plane intersects the center line of the runway and proceeding to a point not less than 1,500 feet from the beginning point. Thereafter the center line shall proceed in a path consistent with the instrument approach procedure for the runway or, where such a procedure has

not been established, consistent with turns of at least 4,000-foot radius until a point is reached beyond which the obstruction clearance plane clears all obstructions. The obstruction clearance 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.

Operations specifications. Operations Specifications are rules of particular applicability issued by the Administrator and are not part of the air carrier operating certificate.

Over-the-top. Over-the-top means 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 in command is the pilot designated by the aircarrier 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. A propeller is a device for propelling an airplane through the air, having blades mounted on a powerdriven 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. A 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 means 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.

Second in command. Second in command means a pilot other than the pilot in command who is designated by the air carrier to act as second in command of an airplane.

Show. Show means 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, V2. The takeoff 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 4b of this subchapter or the transport category requirements of Part 4a of this subchapter.

Type. With regard to airman qualifications, type means 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.

Vs Vs 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. A week is that period of time extending from the first day of any week as delineated by the calendar through the last day thereof.

Year. A year is that period of time extending from the first day of any year as delineated by the calendar through the last day thereof.

[20 F.R. 10131, Dec. 31, 1951, as amended, 24 F.R. 5, Jan. 1, 1959; Amdt. 40-18, 24 F.R. 6580, Aug. 13, 1959; 24 F.R. 7253, Sept. 9, 1959; Amdt. 40-21, 24 F.R. 9766, Dec. 5, 1959] CERTIFICATION RULES AND OPERATIONS SPECIFICATIONS REQUIREMENTS

which, and the routes over which, an air carrier is authorized to operate. § 40.12 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. § 40.12-1 Application for air carrier operating certificate (FAA rules which apply to § 40.12).

(a) General. (1) The holder of a certificate of convenience and necessity shall apply to the appropriate Regional Administrator for an air carrier operating certificate at least 30 days prior to the date proposed for beginning scheduled interstate air transportation within the continental limits of the United States. The application shall be prepared in loose-leaf form, on white paper approximately 8" x 101⁄2" in size, and using one side of the sheet only. The application shall be executed by a duly authorized officer or employee of the applicant having knowledge of the matters set forth therein, and shall have attached thereto two copies of the appropriate written authority issued to such officer or employee by the applicant.

(2) Two copies of the application, and of subsequent amendments thereto, shall be filed with the Regional Administrator having jurisdiction over the area in which the principal office of the air carrier is located. When any facility or service directly affecting the operation of the air carrier concerned is furnished by other than the applicant or the Federal Government, at least two copies of the contract or working agreement concerning such facilities or service shall be submitted with the application. In this connection, if formal contracts covering such facilities or service have not been completed, letters showing agreement between the contracting parties will be accepted until copies of the formal contract are obtainable.

(b) Format of application. The application shall be in the form of a letter and shall contain the information outlined below:

To: Regional Administrator, Federal Aviation Agency.

In accordance with section 604 of the Civil Aeronautics Act of 1938, as amended, and the Civil Air Regulations, application is hereby made for an Air Carrier Operating Certificate.

Give exact name and full post office address of applicant.

Give the name, title, and post office address of the official or employee to whom correspondence in regard to the application is to be addressed.

SECTION I. Operations. A. State whether the type of service proposed is for the carriage of passengers, goods, or mail, or a particular combination thereof. If the type of service is not the same for each route or portion thereof, specify the type of service for each route or portion of a route.

B. State whether the type of operation proposed is day or night, visual flight rules, instrument or over-the-top, or a particular combination thereof. If the type of operation is not the same for each route or route segment, specify the type of operation for each route or route segment.

SEC. II. Schedule. A. Submit a proposed schedule plan (or plans if seasonal changes or differences in equipment are involved) indicating the following:

1. Block to block time and mileage between scheduled stops.

2. Ground time at each intermediate and terminal stop.

B. Specify the basis upon which the proposed schedule has been computed, indicating the following:

1. Cruising speed and altitude. 2. Percentage of horsepower.

3. Direction and velocity of prevailing winds.

SEC. III. Route. A. Submit a map suitable for aerial navigation on which are shown the exact geographical track of the proposed routes, and information with respect to terminal and intermediate stops, available landing areas, and radio navigational facilities. This material will be indicated in a manner that will facilitate identification. The applicant may use any method that will clearly distinguish the information, such as different colors, different types of lines, etc. For example, if different colors are used, the identification will be accomplished follows:

1. Airway routes: Black. 2. Direct routes: Green. 3. Terminal and regular intermediate stops: Orange circle.

4. Alternate landing fields or areas: Purple circle.

5. Other available landing fields or areas: Yellow circle.

6. Indicate the location and normal operating range of all radio navigational facilities to be used in connection with the proposed operation.

B. Airports. Furnish the following information with regard to each regular, alternate, refueling, and provisional airport to be used in the conduct of the proposed operation. 1. Name of airport.

2. Location (by coordinates, and by name of nearest city or town, and direction and distance thereto).

3. Class of airport or landing area (municipal, commercial, military, private or marked auxiliary).

4. Altitude above sea level.