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MAINTENANCE AND INSPECTION REQUIREMENTS 40.202–1 Supplemental oxygen for arew

Sec. members (FAA interpretations

40.240 which apply to 40.202 (b) (1)).

Responsibility for maintenance.

40.241 Maintenance and inspection re40.202–2 Oxygen requirements for standby crew members (FAA inter

quirements. pretations which apply to

40.241-1 Persons directly in charge of in§ 40.202 (b)).

spection, maintenance, over40.202–3 Operating instructions (FAA poli

haul, or repair of airframes, encies which apply to $ 40.202).

gines, propellers, or appliances 40.202-4 Oxygen requirements for Jump

(FAA interpretations which apseat occupant (FAA policies

ply to $ 40.241 (b)).

40.242 which apply to $ 40.202).

Maintenance and inspection train

ing program. 40.202–5 Oxygen requirements for infants

40.248 Maintenance and inspection perin-arms (FAA policies which apply to § 40.202 (c)).

sonnel duty time limitations. 40.202–6 Oxygen requirements for clinical AIRMAN AND CREW MEMBER REQUIREMENTS purposes (FAA policies which

40.260 Utilization of airman. apply to $ 40.202 (c)).

40.261 40.202-T Supplemental oxygen for suste

Composition of flight crew.

40.263 nance; turbine-powered air

Flight engineer.

40.265 planes.

Flight attendant.

40.266 40.203 Supplemental

Aircraft dispatcher. oxygen require

40.267 ments for pressurized cabin air

Assignment of emergency evacua

tion functions for each crew planes.

member. 40.203-1 Computation of supply for crew members in pressurized cabin

TRAINING PROGRAM aircraft (FAA policies which ap

40.280 ply to $ 40.203 (a)).

Training requirements.

40.281 40.203-2 Computation of supply for passen

Initial pilot ground training.

40.282 gers in pressurized cabin aircraft

Initial pilot flight training.

40.284 (FAA policies which apply to

Initial flight engineer training. § 40.203 (b)).

40.286 Initial crewmember emergency 40.203–3 Oxygen requirements for clinical


40.286-1 Initial crewmember purposes (FAA policies which

emergency apply to $ 40.203 (b)).

training-synthetic trainers 40.2034 Oxygen requirements for infants

(FAA interpretations which apin-arms (FAA policies which ap

ply to $ 40.286 (b)).

40.288 ply to $ 40.203 (b)).

Initial aircraft dispatcher training.

40.289 40.203-T Supplemental oxygen for

Recurrent training. emer

40.290 gency descent and for first aid;

Approval of training program. turbine-powered airplanes with FLIGHT CREW MEMBER AND DISPATCHER pressurized cabins.

QUALIFICATION 40.204 Equipment standards. 40.205 Protective breathing equipment

40.300 Qualification requirements. for the flight crew.

40.301 Pilot recent experience.

40.302 Pilot checks. 40.205–1 Requirement of protective breathing equipment in nonpressur

40.302-1 Pilot check-proficiency requireized cabin airplanes (FAA rules

ments (FAA rules which apply which apply to $ 40.205 (b)).

to $ 40.302 (b)). 40.205–2 Protective breathing equipment

40.302-3 Pilot checks use of synthetic and installation (FAA policies

trainer (FAA policies which apwhich apply to $ 40.205).

ply to $ 40.302 (6) (2) (11)). 40.206 Equipment for overwater opera

40.302-4. Requirements for approved traintions.

ing course-aircraft simulator 40.207 Equipment for operations in icing

(FAA rules which apply to conditions.

$ 40.302(b) (3)). 40.208 Flight recorders.

40.303 Pilot route and airport qualifica

tion requirements. RADIO EQUIPMENT

40.303–1 Pilot route and airport qualifica40.230 Radio equipment.

tion requirements (FAA inter40.230–1 Independent radio systems (FAA

pretations which apply to interpretations which apply to

$ 40.303). § 40.230).

40.304 Maintenance and reestablishment 40.231 Radio equipment for operations

of pilot route and airport quallunder VFR over routes navigated

fications for particular trips. by pilotage. 40.232

40.305 Radio equipment for operations

Proficiency check; second in comunder VFR over routes not nav

mand. igated by pilotage or for opera

40.307 Flight engineer qualication for tions under IFR or over-the-top.


Bec. 40.307-1 Flight engineer qualifications for

duty (FAA interpretations which

apply to $ 40.307). 40.310 Alrcraft dispatcher qualification

for duty.


40.320 Flight time limitations. DUTY TIME LIMITATIONS; AIRCRAFT DISPATCHER 40.340 Aircraft dispatcher daily duty time


FLIGHT OPERATIONS 40.351 Operational control. 40.352 Operations notices. 40.353 Operations schedules. 40.354 Flight crew members at controls. 40.355 Manipulation of controls. 40.355-1 Manipulations of controls (FAA

interpretations which apply to

§ 40.355 (a) and (b)). 40.356 Admission to flight deck. 40.356-1 Admission to flight deck (FAA in

terpretations which apply to

§ 40.356). 40.357 Use of cockpit check procedure. 40.358 Personal flying equipment. 40.359 Restriction or suspension of opera

tion. 40.360 Emergency decisions; pilot in com

mand and aircraft dispatcher. 40.361 Reporting potentially hazardous

meterological conditions and irregularities of ground and

navigational facilities. 40.362 Reporting mechanical irregulari

ties. 40.363 Engine failure or precautionary

stoppage. 40.864 Instrument approach procedures. 40.365 Requirements for air carrier equip

ment interchange. 40.370

Briefing of passengers. 40.371 Drinking and serving of alcoholic


DISPATCHING RULES 40.881 Necessity for dispatching author

ity. 40.382 Familiarity with weather condi

tions. 40.383 Facilities and services. 40.384 Airplane equipment required for

dispatch. 40.385 Communications and navigational

facilities required for dispatch. 40.386 Dispatching under VFR. 40.387 Dispatching under IFR or over

the-top. 40.388 Alternate airport for departure. 40.389 Alternate airport for destination;

IFR or over-the-top. 40.390 Alternate airport weather mini


Sec. 40.390–1 Alternate airport landing mini

mums for airports not served by a radio navigation facility (FAA policies which apply to $ 40.390

(c)). 40.390-2 Establishment of alternate airport

landing minimums airports where ILS or GCA only available instruments approach aids (FAA interpretations which apply to

$ 40.390 (a)). 40.390-3 Establishment of alternate air

port landing minimums at alr. ports served by ILS (FAA poli

cies which apply to $ 40.390 (a)). 40.391 Continuance of flight; flight haz

ards. 40.391-1 Circumstances when incorporation

of procedures may be authorized in the air carrier's manual for continued operation beyond a scheduled terminal (FAA pollcies which apply to $ 40.391

(b)). 40.392 Operation in icing conditions. 40.393 Redispatch and continuance of

flight. 40.394 Dispatch to and from provisional

airport. 40.395 Take-offs from alternate airports or

from airports not listed in the

operations specifications. 40.396 Fuel supply for all operations. 40.397 Factors involved in computing fuel

required. 40.405 Take-off and landing weather min.

imums; VFR. 43.405-1 VFR takeoff and landing mini

mums (FAA interpretations

which apply to $ 40.405). 40.406 Take-off and landing weather min

imums; IFR. 40.406-1 IFR takeoff and landing, and in

strument approach procedure, weather minimums (FAA interpretations which apply to

$ 40.406). 40.406–2 Ceiling and visibility minimums

IFR (FAA policies which apply

to $ 40.406). 40.406–3 Instrument approach procedures

and IFR landing weather minimums at airports served by both ILS and GCA (FAA interpretatations which apply to $ 40.406

(c)). 40.408 Flight altitude rules. 40.409 Altitude maintenance on initial

approach. 40.411 Preparation of dispatch release. 40.412 Preparation of load manifest.

REQUIRED RECORDS AND REPORTS 40.501 Crew member and dispatcher rec

ords. 40.501-1 Crew member and dispatcher rec

ords (FAA policies which apply to $ 40.501).

Sec. 40.502 List of airplanes. 40.503 Dispatch release form. 40.503–1 Dispatch release form (FAA inter

pretations which apply to $ 40.

503 (a) (2)). 40.504 Load manifest.

Disposition of load manifest, dis

patch release form, and flight

plans. 40.506 Maintenance records. 40.507 Maintenance log. 40.508 Mechanical reliability reports. 40.509 Mechanical interruption summary

report. 40.510 Alteration and repair reports. 40.511 Maintenance release. 40.511-1 Purpose and maintenance release

(FAA interpretations which

apply to g 40.511). 40.512 Communication records.

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 $ 46.362 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.

Appendix C.

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.



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1. Contrary provisions of the Civil Air Regulations notwithstanding, no large airplane (more than 12,500 pounds maximum certifcated 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 $ 46.362 (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 addi. tional exits are provided, except that in no

B-307 B-377 C-46.. CV-240 CV-340 and OV-440. DC-3.. DC-3 (Super) DC-4. DC-6. DC-6B 1 1-18. L-049, L-649, L-749. L-1049 series. M-202 M-404. Viscount 700 series.

35 39 86 87 112 17 87 96 53 53 53

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1 The DC-6A, if converted to a passenger transport configuration, will be governed by the maximum num. ber applicable to the DC-6B.

This regulation supersedes Special Civil conclusion the Board had in mind the fact Air Regulation No. SR-389A as amended by that a twelve-hour maximum flight time Amendment No. 1 and shall remain effective limitation has been in effect in overseas and until superseded or rescinded by the Board international operations for several years, or the Administrator of the Federal Avia- and that the Board has had no evidence that tion Agency, as appropriate.

this latter rule has adversely affected the (Sec. 313(a), 603, 604, 72 Stat. 752, 776, 778;

safety of the operations covered. For a more 49 U.S.C. 1354(a), 1423, 1424) [24 F.R. 6,

complete description of the considerations Jan 1, 1959, as amended by Amdt. 1, 24 F.R.

which impelled the Board to take this action,

reference is made to the opinion published 7582, Sept. 19, 1959)

with the regulation. SR-392D

At the same time, the Board, bearing in Contrary provisions of the Civil Air Regu

mind the rule-making proceeding initiated lations notwithstanding, experimental ex

by it on May 28, 1954, to consider an interior lighting systems which do not comply

crease in the flight time limitations from with the Civil Air Regulations, and which

eight to twelve hours for certain operations were installed for the purposes of experimen

within the continental United States and tation on aircraft with standard airworthi

any related limitations, did not wish to anness certificates under the provisions of

ticipate or otherwise prejudice its action SR-392B or SR-392C, may be displayed until:

therein. Consequently in issuing the Special (1) 6 months after the date of publication

Civil Air Regulation, the Board circumin the FEDERAL REGISTER of either.

scribed it with certain safeguards which may (i) revised standards adopted by the

or may not prove to be appropriate to the Agency for exterior lighting systems, or

final rule which may come out. These safe(ii) a notice that rule making action to

guards include an extension to no more revise such standards will not be adopted by

than ten hours of scheduled flight time,

rather than the twelve hours which are applithe Agency; or (2) June 25, 1963, if later than that spec

cable in the overseas and international rules ified in paragraph (1).

and which are contained in the notice of This Special Civil Air Regulation shall

proposed rule-making above referred to. remain in effect until superseded

Moreover, the limitation was imposed that

or rescinded.

the airplanes on which crews were so sched

uled must be pressurized. It was recognized (Secs. 313(a), 601, 603; 72 Stat. 752, 775, 776;

that sound operational practices could not 49 U.S.C. 1354, 1421, 1423) [27 F.R. 5980,

guarantee that flight crews will not be reJune 26, 1962]

quired by force of circumstances to fly occaSR-405

sionally more than ten hours. However, it

was the Board's intention that only circumNotwithstanding the requirements of

stances beyond the carrier's power to control $ 40.320 (b) of the Civil Air Regulations,

should bring such a situation about. Thus, air carriers in the conduct of scheduled

the Board does not expect that carriers will transcontinental nonstop flights, may sched

make substitution in equipment, unless that ule flight crew members for more than eight

equipment itself is capable under normal but not more than ten hours of continuous

conditions of making the trip concerned duty aloft without an intervening rest pe

nonstop and within the ten-hour period. riod: Provided, that the flight is conducted

In SR-405 the Board used the words "may in pressurized airplanes with a flight crew of

schedule flight crew members for more than at least two pilots and a flight engineer. This

eight but not more than ten hours of conregulation shall apply only to scheduled

tinuous duty aloft without an intervening transcontinental nonstop operations, and

rest period". This phraseology parallels that sball terminate with the effective date of any

used in flight time limitations in the Civil final action taken by the Board in respect of

Air Regulations, and consistently therewith, Draft Release No. 54-16 (Flight Time Limita

must be held to mean that the crew memtions for Long Distance Scheduled Interstate

bers may lawfully be assigned to a trip which Operations, published in the FEDERAL REGIS

is scheduled to be and on the average is TER on June 4, 1954, 19 F. R. 3307).

completed within the prescribed maximum [19 F.R. 3759, June 19, 1954]

time. However, individual flights may exceed

the limit, in which case the crew is normally NOTE: Interpretation to Reg. No. SR-405, 19 F. R. 3905, June 26, 1954, provides as

expected to remain on duty. Obviously, it is follows:

possible that unexpected circumstances, such The Board in issuing SR-405 did so because

as mechanical interruptions requiring landIt was convinced that the transcontinental

ings en route, may so delay the flight that

it would be unsafe for the crew to continue nonstop operation was, if anything, safer

on to final destination without some rest. than a scheduled one or two stop flight over

In such circumstances, it is not only the the same route, and that the additional

crew's privilege to refuse to continue the flight time which the pilots might be re

fight, but its duty to do so. Section 43.42 quired to put in on any given day would not

of this chapter specifically prohibits a pilot so decrease their piloting effectiveness that

from operating an aircraft during a period of safety would be adversely affected at any known physical deficiency, and a temporary time during the flight. In arriving at its 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 fight 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 Aight, and the captain elects to return to the point of departure, SR-405 does not prohibit the same crew from taking the night 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 investiga tion 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 fight 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

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