which is self-buoyant and water-resistant.

(b) All required life rafts, life vests, and signaling devices shall be easily accessible in the event of a ditching without appreciable time for preparatory procedures. After May 31, 1957, this equipment shall be installed in conspicuously marked approved locations.

(c) After May 31, 1957, a survival kit, appropriately equipped for the route to be flown, shall be attached to each required life raft.

§ 40.207 Equipment for operations in icing conditions.

(a) For all operations in icing conditions each airplane shall be equipped with means for the prevention or removal of ice on windshields, wings, empennage, propellers, and other parts of the airplane where ice formation will adversely affect the safety of the airplane.

(b) For operations in icing conditions at night means shall be provided for illuminating or otherwise determining the formation of ice on the portions of the wings which are critical from the standpoint of ice accumulation. When illuminating means are used, such means shall be of a type which will not cause glare or reflection which would handicap crew members in the performance of their normal functions.

§ 40.208

Flight recorders.

(a) An approved flight recorder which records at least time, altitude, airspeed, vertical acceleration, and heading shall be installed in accordance with the following requirements:

(1) On all airplanes of more than 12,500 pounds maximum certificated takeoff weight which are certificated for operations above 25,000 feet altitude; and

(2) On and after November 1, 1960, on all turbine-powered airplanes of more than 12,500 pounds maximum certificated takeoff weight: Provided, That the Director, Bureau of Flight Standards, or his authorized representative, may extend the November 1, 1960, compliance date for any air carrier who, prior to September 1, 1960, submits to the Federal Aviation Agency, in writing, a request for approval for such an extension, together with substantiating data, which shows to the satisfaction of the Director, or his authorized representative:

(i) That the air carrier will be unable to comply with the November 1, 1960, date due to flight recorder procurement or installation problems, and;

(ii) The action the air carrier has undertaken to insure that a progressive installation of the required flight recorder equipment will be completed at the earliest practicable date following November 1, 1960. In no event will the November 1, 1960, compliance date be extended beyond May 1, 1961.

(b) When a flight recorder is installed it shall be operated continuously from the instant the airplane commences the takeoff roll until it has completed the landing roll at an airport.

(c) Recorded information shall be retained by the air carrier for a period of at least 60 days. For a particular flight or series of flights, the information shall be retained for a longer period if requested by an authorized representative of the Administrator or the Civil Aeronautics Board.

(Secs. 303, 313(a), 601, 604, 72 Stat. 747, 752, 775, 776; 49 U.S.C., 1344, 1354, 1421, 1424) [Amdt. 40-27, 25 F.R. 6827, July 19, 1960] RADIO EQUIPMENT

Each airplane used in scheduled air transportation shall be equipped with radio equipment specified for the type of operation in which it is engaged. Where two independent radio systems are required by §§ 40.231 and 40.232, each system shall have an independent antenna installation: Provided, That where rigidly supported nonwire antennas or other antenna installations of equivalent reliability are used, only one such antenna need be provided.

§ 40.203-1 Independent radio systems (FAA interpretations which apply to § 40.230).

Radio systems are independent where each such system is separate and complete, and the function of any part of the whole of one system is not dependent on the continued functioning of any component of the other, and in event of failure in one system, the other system is capable of continued independent operation.

[Supp. 4, 18 F. R. 8612, Dec. 22, 1953] § 40.231 Radio equipment for opera

tions under VFR over routes navigated by pilotage.

(a) For operations conducted under VFR over routes on which navigation

can be accomplished by pilotage, each airplane shall be equipped with such radio equipment as is necessary under normal operating conditions to fulfill the following functions:

(1) Communicate with at least one appropriate ground station (as specified in § 40.34) from any point on the route and other airplanes operated by the air carrier;

(2) Communicate with airport traffic control towers from any point in the control zone within which flights are intended; and

(3) Receive meteorological information from any point en route by either of two independent systems.

(b) For all operations at night conducted under VFR over routes on which navigation can be accomplished by pilotage, each airplane shall be equipped with such radio equipment as is necessary under normal operating conditions to fulfill the functions specified in paragraph (a) of this section and to receive radio navigational signals applicable to the route flown except that no marker beacon receiver or ILS receiver need be provided.

§ 40.232

Radio equipment for operations under VFR over routes not navigated by pilotage or for operations under IFR or over-the-top.

(a) For operations conducted under VFR over routes on which navigation cannot be accomplished by pilotage or for operations conducted under IFR or over-the-top each airplane shall be equipped with such radio equipment as is necessary under normal operating conditions to fulfill the functions specified in § 40.231 (a) and to receive satisfactorily by either of two independent systems, radio navigational signals from all primary en route and approach navigational facilities intended to be used, except that only one marker beacon receiver which provides visual and aural signals and one ILS receiver need be provided. Equipment provided to receive signals en route may be used to receive signals on approach, if it is capable of receiving both signals.

(b) In the case of operation over routes on which navigation is based on low frequency radio range or automatic direction finding, only one low frequency radio range received or ADF receiver need be installed: Provided, That the airplane is equipped with two VOR receivers, and VOR navigational aids are so

located and the airplane is so fueled that, in the case of failure of the low frequency radio range receiver or ADF receiver, the flight may proceed safely to a suitable airport by means of VOR aids and complete an instrument letdown by use of the remaining airplane radio system.

(c) Whenever VOR navigational receivers are required by paragraphs (a) or (b) of this section, at least one approved distance measuring equipment unit (DME), capable of receiving and indicating distance information from VORTAC facilities, shall be installed on each airplane when operated within the 48 contiguous states and the District of Columbia at and above 24,000 feet MSL after June 30, 1963, and on each of the following airplanes, irrespective of the altitude flown, when operating within the 48 contiguous states and the District of Columbia after the following dates:

(1) Turbojet airplanes-June 30, 1963; (2) Turboprop airplanes-December 31, 1963;

(3) Pressurized reciprocating engine airplanes-June 30, 1964; and

(4) Other airplanes having a maximum certificated takeoff weight of more than 12,500 pounds-June 30, 1965.

(d) In the event that the distance measuring equipment (DME) becomes inoperative en route, the pilot shall notify Air Traffic Control of such failure as soon as it occurs.

[20 F.R. 10131, Dec. 31, 1955, as amended by Amdt. 40-38, Supp. 37, 28 F.R. 480, Jan. 18, 1963]

MAINTENANCE AND INSPECTION
REQUIREMENTS

§ 40.240 Responsibility for mainte

nance.

Irrespective of whether the air carrier has made arrangements with any other person for the performance of maintenance and inspection functions, each air carrier shall have the primary responsibility for the airworthiness of its airplanes and required equipment.

§ 40.241 Maintenance and inspection re

quirements.

(a) The air carrier, or the person with whom arrangements have been made for the performance of maintenance and inspection functions, shall establish an adequate inspection organization responsible for determining that workmanship, methods employed, and material used are in conformity with the requirements of the regulations of

this subchapter, with accepted standards and good practices, and that any airframe, engine, propeller, or appliance released for flight is airworthy.

(b) Any individual who is directly in charge of inspection, maintenance, overhaul, or repair of any airframe, engine, propeller, or appliance shall hold an appropriate license or airman certificate. § 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)). The individual "directly in charge" is interpreted to mean each indivdual assigned by the carrier or other person performing maintenance, to a position in which he is responsible for the work of a shop or station which performs inspections, maintenance, repairs, alterations, or other functions affecting aircraft airworthiness. Such individuals need not necessarily physically observe and direct each worker constantly, but must be available for consultation and decision on matters requiring instruction or decision from higher authority than that of the individuals performing the work.

[Supp. 4, 18 F.R. 8612, Dec. 22, 1953]

§ 40.242

Maintenance and inspection training program.

The air carrier, or the person with whom arrangements have been made for the performance of maintenance and inspection functions, shall establish and maintain a training program to insure that all maintenance and inspection personnel charged with determining the adequacy of work performed are fully informed with respect to all procedures and techniques and with new equipment introduced into service, and are competent to perform their duties.

§ 40.243 Maintenance and inspection personnel duty time limitations. All maintenance and inspection personnel shall be relieved of all duty for a period of at least 24 consecutive hours during any 7 consecutive days or equivalent thereof within any one month. AIRMAN AND CREW MEMBER REQUIREMENTS § 40.260 Utilization of airman.

(a) No air carrier shall utilize an individual as an airman unless he holds a valid appropriate airman certificate is

sued by the Administrator and is otherwise qualified for the particular operation in which he is to be utilized.

(b) No individual who has reached his 60th birthday shall be utilized or serve as a pilot on any aircraft while engaged in air carrier operations.

(Secs. 313(a), 601, 602, 604, 72 Stat. 752, 775, 776, 778; 49 U.S.C. 1354(a), 1421, 1422, 1424) [20 F.R. 10131, Dec. 31, 1955, as amended by Amdt. 40-22, 24 F.R. 9768, Dec. 15, 1959]

§ 40.261 Composition of flight crew.

(a) No air carrier shall operate an airplane with less than the minimum flight crew specified in the airworthiness certificate for the type of airplane and required in this part for the type of operation.

(b) Where the provisions of this part require the performance of two or more functions for which an airman certificate is necessary, such requirement shall not be satisfied by the performance of multiple functions at the same time by any airman.

(c) Where the air carrier is authorized to operate under instrument conditions or operate airplanes of more than 12,500 pounds maximum certificated weight, the minimum pilot crew shall consist of two pilots, one of whom shall be designated as pilot in command and the other as second in command.

(d) On flights requiring a flight engineer, at least one other flight crew member shall be sufficiently qualified, so that in the event of illness or other incapacity, emergency coverage can be provided for that function for the safe completion of the flight. A pilot need not hold a flight engineer certificate to function in the capacity of a flight engineer for such emergency coverage. [20 F.R. 10131, Dec. 31, 1955, as amended by Amdt. 40-21, 24 F.R. 9766, Dec. 5, 1959] § 40.263 Flight engineer.

An airman holding a valid flight engineer certificate shall be required on all airplanes certificated for more than 80,000 pounds maximum certificated take-off weight. Such airman shall also be required on all four-engine airplanes certificated for more than 30,000 pounds maximum certificated take-off weight where the Administrator finds that the design of the airplane used or the type of operation is such as to require engineer personnel for the safe operation of the airplane.

At least one flight attendant shall be provided by the air carrier on all flights carrying passengers in airplanes of 10passenger capacity or more.

§ 40.266 Aircraft dispatcher.

Each air carrier shall provide an adequate number of qualified dispatchers at each dispatch center to insure the proper operational control of each flight.

§ 40.267 Assignment of emergency evacuation functions for crew member. After May 31, 1956, each air carrier shall assign all necessary emergency functions for each crew member to perform in the event of circumstances requiring emergency evacuation. air carrier shall show that functions so assigned are practicable of accomplishment. These functions shall be described in the air carrier manual.

TRAINING PROGRAM

§ 40.280 Training requirements.

The

(a) Each air carrier shall establish a training program sufficient to insure that each crew member and dispatcher used by the air carrier is adequately trained to perform the duties to which he is to be assigned. The initial training phases shall be satisfactorily completed prior to serving in scheduled operations.

(b) Each air carrier shall be responsible for providing adequate ground and flight training facilities and properly qualified instructors. There also shall be provided a sufficient number of check airmen to conduct the flight checks required by this part. Such check airmen shall hold the same airman certificates and ratings as are required for the airman being checked.

(c) The training program for each flight crew member shall consist of appropriate ground and flight training including proper flight crew coordination. Procedures for each flight crew function shall be standardized to the extent that each flight crew member will know the functions for which he is responsible and the relation of those functions to those of other flight crew members. The initial program shall include at least the appropriate requirements specified in §§ 40.281 through 40.286.

(d) The crew member emergency procedures training program shall include at least the requirements specified in § 40.286.

(e) The appropriate instructor, supervisor, or check airman responsible for the particular training or flight check shall certify to the proficiency of each crew member and dispatcher upon completion of his training, and such certification shall become a part of the individual's record.

§ 40.281

Initial pilot ground training. Ground training for all pilots shall include instruction in at least the following:

(a) The appropriate provisions of the air carrier operations specifications and appropriate provisions of the regulations of this subchapter with particular emphasis on the operation and dispatching rules and airplane operating limitations; (b) Dispatch procedures and appropriate contents of the manuals;

(c) The duties and responsibilities of crew members;

(d) The type of airplane to be flown, including a study of the airplane, engines, all major components and systems, performance limitations, standard and emergency operating procedures, and appropriate contents of the approved Airplane Flight Manual;

(e) The principles and methods of determining weight and balance limitations for take-off and landing:

(f) Navigation and use of appropriate aids to navigation, including the instrument approach facilities and procedures which the air carrier is authorized to use;

(g) Airport and airways traffic control systems and procedures, and ground control letdown procedures if pertinent to the operation;

(h) Meteorology sufficient to insure a practical knowledge of the principles of icing, fog, thunderstorms, and frontal systems; and

(i) Procedures for operation in turbulent air and during periods of ice, hail, thunderstorms, and other potentially hazardous meteorological conditions.

§ 40.282 Initial pilot flight training.

(a) Flight training for each pilot shall include at least take-offs and landings, during day and night, and normal and emergency flight maneuvers in each type of airplane to be flown by him in scheduled operations, and flight under simulated instrument flight conditions. A pilot qualifying to serve as other than pilot in command or as second in command shall demonstrate to a rep

resentative of the Administrator or to a check pilot his ability to take off and land each type of airplane in which he is to serve.

(b) Flight training for a pilot qualifying to serve as pilot in command shall include flight instruction and practice in at least the following maneuvers and procedures:

(1) In each type of airplane to be flown by him in scheduled operations:

(i) At the authorized maximum takeoff weight, take-off using maximum take-off power with simulated failure of the critical engine. For transport category airplanes the simulated engine failure shall be accomplished as closely as possible to the critical engine failure speed (V1), and climb-out shall be accomplished at a speed as close as possible to the take-off safety speed (V2). Each pilot shall ascertain the proper values for speeds V1 and V2;

(ii) At the authorized maximum landing weight, flight in a four-engine airplane, where appropriate, with the most critical combinations of two engines inoperative, or operating at zero thrust, utilizing appropriate climb speeds as set forth in the Airplane Flight Manual;

(iii) At the authorized maximum landing weight, simulated pull-out from the landing and approach configurations accomplished at a safe altitude with the critical engine inoperative or operating at zero thrust;

(iv) Suitable combinations of airplane weight and power less than those specified in subdivisions (i), (ii), and (iii) of this subparagraph may be employed if the performance capabilities of the airplane under the above conditions are simulated.

(2) Conduct of flight under simulated instrument conditions, utilizing all types of navigational facilities and the letdown procedures used in normal operations. If a particular type of facility is not available in the training area, such training may be accomplished in a synthetic trainer.

(c) Flight training for a pilot qualifying to serve as second in command shall include flight instruction and practice in at least the following maneuvers and procedures:

(1) In each type of airplane to be flown by him in scheduled operation:

(i) Assigned flight duties as second in command, including flight emergencies, (ii) Taxiing,

(iii) Takeoffs and landings,
(iv) Climbs and climbing turns,
(V) Slow flight,

(vi) Approach to stall,

(vii) Engine shutdown and restart, (viii) Takeoff and landing with simulated engine failure.

(ix) Conduct of flight under simulated instrument conditions, including instrument approach at least down to circling approach minimum and missedapproach procedures.

(2) Conduct of flight under simulated instrument conditions, utilizing all types of navigation facilities and the letdown procedures used in normal operations. Except for those approach procedures for which the lowest minimums are approved, all other letdown procedures may be given in a synthetic trainer which contains the radio equipment and instruments necessary to simulate other navigational and letdown procedures approved for use by the air carrier.

[20 F.R. 10131, Dec. 31, 1955, as amended by Amdt. 40-21, 24 F.R. 9766, Dec. 5, 1959] § 40.284 Initial flight engineer training.

(a) The training for flight engineers shall include at least the instruction specified in § 40.281 (a) through (e).

(b) Flight engineers shall be given sufficient training in flight to become proficient in those duties assigned them by the air carrier. Except for emergency procedures, this training may be accomplished during scheduled flight under the supervision of a qualified flight engineer.

§ 40.286 Initial crewmember emergency training.

(a) The training in emergency procedures shall be designed to give each crewmember appropriate individual instruction in all emergency procedures, including assignments in the event of an emergency, and proper coordination between crewmembers. At least the following subjects as appropriate to the individual crewmember shall be taught: The procedures to be followed in the event of the failure of an engine, or engines, or other airplane components or systems, emergency decompression, fire in the air or on the ground, ditching, evacuation, the location and operation of all emergency equipment, and power setting for maximum endurance and maximum range.

(b) Synthetic trainers may be used for training of crewmembers in emer