Sec. 40.202-1 Supplemental oxygen for MAINTENANCE AND INSPECTION REQUIREMENTS crew Sec. 40.240 members (FAA interpretations which apply to § 40.202 (b) (1)). 40.202-2 Oxygen requirements for standby crew members (FAA interpretations which apply to § 40.202 (b)). 40.202-3 Operating instructions (FAA policies which apply to § 40.202). 40.202-4 Oxygen requirements for jump seat occupant (FAA policies which apply to § 40.202). 40.202-5 Oxygen requirements for infantsin-arms (FAA policies which apply to § 40.202 (c)). 40.202-6 Oxygen requirements for clinical purposes (FAA policies which apply to § 40.202 (c)). 40.241 Responsibility for maintenance. Maintenance and inspection requirements. 40.241-1 Persons directly in charge of inspection, maintenance, overhaul, or repair of airframes, engines, propellers, or appliances (FAA interpretations which apply to § 40.241 (b)). 40.242 40.243 Maintenance and inspection training program. Maintenance and inspection per sonnel duty time limitations. AIRMAN AND CREW MEMBER REQUIREMENTS 40.202-T Supplemental oxygen for suste 40.263 nance; turbine-powered air Flight engineer. planes. 40.266 40.267 Aircraft dispatcher. Assignment of emergency evacuation functions for each crew member. TRAINING PROGRAM Training requirements. 40.203-2 Computation of supply for passengers in pressurized cabin aircraft (FAA policies which apply to § 40.203 (b)). 40.281 40.282 Initial pilot ground training. Initial pilot flight training. 40.284 Initial flight engineer training. 40.286 Initial crewmember training. 40.286-1 emergency emergency 40.288 40.289 40.290 Initial crewmember training-synthetic trainers Initial aircraft dispatcher training. Approval of training program. FLIGHT CREW MEMBER AND DISPATCHER Qualification requirements. 40.300 40.301 Pilot recent experience. 40.302 40.302-1 Pilot checks. Pilot check-proficiency requirements (FAA rules which apply to § 40.302 (b)). 40.302-3 Pilot checks use of synthetic trainer (FAA policies which apply to 40.302 (b) (2) (11)). 40.302-4 Requirements for approved training course-aircraft simulator (FAA rules which apply to § 40.302(b) (3)). 40.303 Pilot route and airport qualification requirements. 40.303-1 Pilot route and airport qualification requirements (FAA inter pretations § 40.303). 40.304 40.231 Radio equipment for operations under VFR over routes navigated by pilotage. 40.305 40.307 Maintenance and reestablishment of pilot route and airport qualifications for particular trips. Proficiency check; second in com mand. Flight engineer qualication for duty. AUTHORITY: §§ 40.1 to 40.512 issued under sec. 205, 52 Stat. 984, as amended; 49 U.S.C. 425. Interpret or apply secs. 601, 605, 52 Stat. 1007, as amended, 1010, as amended; 49 U.S.C. 551, 554, 555. Other statutory provisions interpreted or applied are cited to text in parentheses. SOURCE: §§ 40.1 to 40.512 issued by the Civil Aeronautics Board, appear at 20 F.R. 10131, Dec. 31, 1955, as amended at 24 F.R. 5, Jan. 1, 1959, except as otherwise noted. Sections of this part bearing two or more numbers to the right of the decimal point separated by a dash are rules, policies or interpretations issued by the former Civil Aeronautics Administration (now the Federal Aviation Agency). Sources are cited to text. SPECIAL CIVIL AIR REGULATIONS SR-389B 1. Contrary provisions of the Civil Air Regulations notwithstanding, no large airplane (more than 12,500 pounds maximum certificated take-off weight) type certificated under Civil Air Regulations effective prior to April 9, 1957, while carrying passengers for hire, shall be operated with occupants in excess of the number permitted by applying the provisions of § 4b.362 (a), (b), and (c) of Part 4b of the Civil Air Regulations as amended by Amendment 4b-4 effective December 20, 1951, except that airplane types listed in the following table may be operated with the listed maximum number of occupants (including all crew members) and the listed corresponding number of exits (including emergency exits and doors) heretofore approved by the Administrator for the emergency egress of passengers. 2. Additional occupants above the values listed in the table may be carried if additional exits are provided, except that in no case shall more than 8 additional occupants be carried for any one additional exit. For the addition of exits comparable to at least a Type II or Type IV exit as prescribed in § 4b.362 a maximum of 8 additional occupants may be authorized and for exits not comparable to at least a Type II or Type IV exit, the Administrator after consideration, among other factors, of the type, size, and location of the exit, may authorize a lesser number of additional occupants. 3. For airplanes which have a ratio (as computed from the table in this special regulation) of maximum number of occupants to number of exits greater than 14:1 and for airplanes which do not have installed at least one full-size door-type exit in the side of the fuselage in the rearward portion of the cabin, the first additional exit approved by the Administrator for increased occupancy shall be a floor-level exit not less than 24 inches wide by 48 inches high located in the side of the fuselage in the rearward portion of the cabin. In no case shall an occupancy greater than 115 be allowed unless there is such an exit on each side of the fuselage. 4. The maximum number of occupants authorized (listed in the table) shall be reduced where the number of approved exits is less than that shown in the table. The reduction in the maximum number of occupants for each exit eliminated shall be determined by the Administrator taking due account of the effectiveness of the remaining exits for emergency evacuation, except that the maximum number of occupants shall be reduced by at least 8 for each eliminated exit. In no case, when exits are deleted, shall the resulting ratio of occupants to exits be greater than 14:1, and there shall be at least one exit on each side of the fuselage irrespective of the number of occupants. This regulation supersedes Special Civil Air Regulation No. SR-389A as amended by Amendment No. 1 and shall remain effective until superseded or rescinded by the Board or the Administrator of the Federal Aviation Agency, as appropriate. (Sec. 313(a), 603, 604, 72 Stat. 752, 776, 778; 49 U.S.C. 1354 (a), 1423, 1424) [24 F.R. 6, Jan 1, 1959, as amended by Amdt. 1, 24 F.R. 7582, Sept. 19, 1959] SR-392D Contrary provisions of the Civil Air Regulations notwithstanding, experimental exterior lighting systems which do not comply with the Civil Air Regulations, and which were installed for the purposes of experimentation on aircraft with standard airworthiness certificates under the provisions of SR-392B or SR-392C, may be displayed until: (1) 6 months after the date of publication in the FEDERAL REGISTER of either. (i) revised standards adopted by the Agency for exterior lighting systems, or (ii) a notice that rule making action to revise such standards will not be adopted by the Agency; or (2) June 25, 1963, if later than that specified in paragraph (1). This Special Civil Air Regulation shall remain in effect until superseded rescinded. or (Secs. 313 (a), 601, 603; 72 Stat. 752, 775, 776; 49 U.S.C. 1354, 1421, 1423) [27 F.R. 5980, June 26, 1962] SR-405 Notwithstanding the requirements of § 40.320 (b) of the Civil Air Regulations, air carriers in the conduct of scheduled transcontinental nonstop flights, may schedule flight crew members for more than eight but not more than ten hours of continuous duty aloft without an intervening rest period: Provided, That the flight is conducted in pressurized airplanes with a flight crew of at least two pilots and a flight engineer. This regulation shall apply only to scheduled transcontinental nonstop operations, and shall terminate with the effective date of any final action taken by the Board in respect of Draft Release No. 54-16 (Flight Time Limitations for Long Distance Scheduled Interstate Operations, published in the FEDERAL REGISTER on June 4, 1954, 19 F. R. 3307). [19 F.R. 3759, June 19, 1954] NOTE: Interpretation to Reg. No. SR-405, 19 F. R. 3905, June 26, 1954, provides as follows: The Board in issuing SR-405 did so because it was convinced that the transcontinental nonstop operation was, if anything, safer than a scheduled one or two stop flight over the same route, and that the additional flight time which the pilots might be required to put in on any given day would not so decrease their piloting effectiveness that safety would be adversely affected at any time during the flight. In arriving at its conclusion the Board had in mind the fact that a twelve-hour maximum flight time limitation has been in effect in overseas and international operations for several years, and that the Board has had no evidence that this latter rule has adversely affected the safety of the operations covered. For a more complete description of the considerations which impelled the Board to take this action, reference is made to the opinion published with the regulation. At the same time, the Board, bearing in mind the rule-making proceeding initiated by it on May 28, 1954, to consider an increase in the flight time limitations from eight to twelve hours for certain operations within the continental United States and any related limitations, did not wish to anticipate or otherwise prejudice its action therein. Consequently in issuing the Special Civil Air Regulation, the Board circumscribed it with certain safeguards which may or may not prove to be appropriate to the final rule which may come out. These safeguards include an extension to no more than ten hours of scheduled flight time, rather than the twelve hours which are applicable in the overseas and international rules and which are contained in the notice of proposed rule-making above referred to. Moreover, the limitation was imposed that the airplanes on which crews were so scheduled must be pressurized. It was recognized that sound operational practices could not guarantee that flight crews will not be required by force of circumstances to fly occasionally more than ten hours. However, it was the Board's intention that only circumstances beyond the carrier's power to control should bring such a situation about. Thus, the Board does not expect that carriers will make substitution in equipment, unless that equipment itself is capable under normal conditions of making the trip concerned nonstop and within the ten-hour period. In SR-405 the Board used the words "may schedule flight crew members for more than eight but not more than ten hours of continuous duty aloft without an intervening rest period". This phraseology parallels that used in flight time limitations in the Civil Air Regulations, and consistently therewith, must be held to mean that the crew members may lawfully be assigned to a trip which is scheduled to be and on the average is completed within the prescribed maximum time. However, individual flights may exceed the limit, in which case the crew is normally expected to remain on duty. Obviously, it is possible that unexpected circumstances, such as mechanical interruptions requiring landings en route, may so delay the flight that it would be unsafe for the crew to continue on to final destination without some rest. In such circumstances, it is not only the crew's privilege to refuse to continue the flight, but its duty to do so. Section 43.42 of this chapter specifically prohibits a pilot from operating an aircraft during a period of known physical deficiency, and a temporary impairment produced by extreme fatigue comes within the terms of that section. Moreover, this rule is confirmed by the provisions of § 40.391 (a), which provides that "No aircraft shall be continued in flight toward any airport to which it has been dispatched when, in the opinion of the pilot in command or the aircraft dispatcher, the flight cannot be completed with safety, unless in the opinion of the pilot there is no safer procedure". The fact that landings are made in the course of a scheduled transcontinental nonstop flight will not operate to cut back the allowable scheduled flight time from ten to eight hours, provided that the landings are made for reasons of safety of the flight or of those on board. Any stop for a traffic purpose, however, would take the flight out of the class covered by the special regulation, and the general eight-hour rule would apply. If a mechanical difficulty should arise in the course of a transcontinental nonstop flight, and the captain elects to return to the point of departure, SR-405 does not prohibit the same crew from taking the flight out again, even after a delay of several hours, just as would be possible under the regular eight-hour rule. However, as stated above, if the captain believes that the flight cannot be completed with safety because of his fatigued condition or that of other members of the crew, his obligation is not to proceed. SR-405 contains two conditions which must be met on every flight covered by its terms. These conditions are that the particular airplane be pressurized and that it be manned by at least two pilots and a flight engineer. The Board construes the word "pressurized" as requiring that the pressurization system be operative at the time of commencement of the flight. While theoretically any number of unscheduled landings for safety purposes may be made, it is expected that the great majority of transcontinental flights covered by SR-405 will be made nonstop, that more than one stop will be necessary in only rare instances, and that more than two such stops on any scheduled nonstop flight would be presumptive of such operational irregularity as to require investigation by the Administrator. Neither SR-405 nor any other provision of the Civil Air Regulations imposes an absolute limitation on the total continuous duty time, including both time in the air and on the ground, of any member of the flight crew. Because of the nonstop nature of the operation, however, the total continuous on-duty time of the crew will regularly be less than on a number of flights operated by the airlines under the eight-hour rule for years. In the rare instance where unforseen difficulties require landings en route, with a substantial extension of on-duty time, the pilot's honest judgment of his own and his crew's physical condition will be an adequate guarantee that the flight will be conducted safely. In considering the application of SR-405, it is to be noted that § 40.353 requires that in establishing operations schedules the air carrier take into account certain operating conditions pertinent to the determination of total time of any particular scheduled flight. It is the duty of the Administrator, on the basis of all available information, to determine whether the air carrier has in fact correctly assessed pertinent operating conditions. In the event the Administrator finds that adequate assessment of such operating conditions has not been made, it is expected that he will take appropriate action to cause revision of such operations schedules. SR-406C 1. Contrary provisions of the Civil Air Regulations notwithstanding (in particular the provisions of § 42.15 (b) of Part 42), C-46 airplanes may be used in passenger operations conducted under Part 42 of the Civil Air Regulations. Such airplanes shall be operated in accordance with § 42.15 (a) of Part 42 and the provisions of this special regulation. 2. C-46 type airplanes, when used in passenger operations in accordance with paragraph 4 of this regulation, shall not be operated at weights exceeding those which are demonstrated to the Administrator will allow compliance with the performance requirements of Part 4b, except that in determining the maximum take-off weight, such weight shall be limited only to a value at which the airplane has a rate of climb equal to 0.035 V in the take-off configuration at sea level with the landing gear retracted but with the propeller of the inoperative engine feathered rather than windmilling. 3. Provisionally, pending a determination by the Administrator of the weights at which C-46 airplanes will meet the standards prescribed by paragraph 2 of this regulation, the maximum take-off weight of such airplanes, when used in the manner herein referred to, shall not exceed 44,300 pounds: Provided, That in the case of C-46 airplanes equipped with Hamilton Standard propellers with blades Model Number 6491A-9 or approved equivalent which have been clipped in accordance with specifications approved by the Administrator, such provisional maximum weight shall be increased by 1,000 pounds until such time as the Administrator shall have determined by suitable tests another value to correspond to the additional efficiency obtainable by the use of such propellers, and thereafter by such other value. 4. The Administrator of the Federal Aviation Agency may authorize continued operation of C-46 airplanes in passenger service in accordance with paragraphs 2 and 3 of this regulation until January 1, 1957, if he finds that the applicant for such authorization has a bona fide, firm contract with the holder of a type certificate indicating that the required modifications will be completed prior to January 1, 1957, except that the Administrator may authorize during the period July 1, 1956, through July 15, 1956, such continued operation without a showing of such |