Page:Civil Air Regulations - Part 40 (1953).pdf/2

This revision of Part 40 contains numerous changes from the presently effective provisions. Many of these changes are comparatively minor in nature, however, several of the changes involve the establishment of a substantially different basis of certification and operation. A change in the procedure for the issuance of operations specifications is included in revised Part 40. The new rule separates the operations specifications from the air carrier operating certificate and establishes separate procedures for the issuance and amendment of each. In addition, provisions are included which govern the content of the operations specifications.

Another matter of particular significance concerns the presently effective requirement that aircraft used in scheduled air transportation after a certain date shall comply with the transport category requirements of the appropriate certification rules and shall meet the transport category performance requirements of the appropriate operating part. Because this requirement was intended to remove from scheduled air transportation several aircraft not capable of complying with the transport category requirements, such aircraft types as the Lockheed 18 and the Douglas DC-3 would not be permitted to operate in scheduled passenger service after the specified dates unless recertificated in the transport category. The Board has found it necessary on four previous occasions to alter the effective date of this requirement in order to permit the continued use of these aircraft types.

The safety record of both the Lockheed 18 and the Douglas DC-3 aircraft clearly indicates that these aircraft may be continued in scheduled passenger service without detrimental effect upon safety in air transportation. Revised Part 40. therefore, provides that aircraft type which have been certificated under a previous set of airworthiness rules should be permitted to continue their useful economic life unless the operational record of such aircraft indicates a necessity for application of more restrictive airworthiness regulations. The rule requiring that only transport category aircraft be used after December 31. 1953. therefore, is deleted from this regulation.

This revision of Part 40 also provides operating limitations for aircraft not certificated in the transport category. These provisions are based upon the non-transport category performance limitations which presently appear in Part 42 of the Civil Air Regulations with certain changes to render them more nearly an approximate equivalent of the many requirements and rules from various sources presently applicable to such aircraft types as the Lockheed 18 and the Douglas DC-3.

The aircraft equipment requirements contained herein differ in some respects from those contained in existing scheduled air carrier regulations. In the sense that certain of these aircraft requirements are not applicable to all operations in existing Civil Air Regulations. they may be regarded as technically retroactive. However, it is not believed that these requirements will actually cause undue hardship because in almost every instance the scheduled passenger-carrying fleet is presently so equipped.

Revised Part 40 contains numerous changes in the training program for crew members. Training standards are provided for both initial and recurrent training. These standards now include training provisions for other members of the crew as well as for the pilot crew members. In the belief that the instrument check, so called, is in fact a misnomer and during recent years has become more nearly a "proficiency" check, the regulation labels it accordingly. The regulation requires two such checks annually, but relates these checks more nearly to the pilots' over-all proficiency and removes much of the instrument check portion which was not related to direct and intimate knowledge and skill concerning the operation of aircraft controls. Provision is made for the accomplishment of procedures such as radio range orientation, manual loop navigation, and rudimentary tracking and beam bracketing in approved flight simulators. The regulations provide that the proficiency check give more precise treatment to aspects such as engine-out operation in multi-engine aircraft. Provisions for a line check are included as a means of requiring the carrier to ascertain that the training provided the pilot is reflected in typical route operations. In order to insure that some control is maintained over pilot proficiency in all aircraft types an additional requirement has been added making it necessary that either a proficiency check or a line check be had in each type of aircraft within the preceding 12 months before a pilot is to serve as pilot in command.

In addition, new standards are included which increase the emphasis upon airport qualification and to some degree deemphasize the route qualification factors. This trend is motivated by the development of aircraft and navigational equipment with less reliance upon visual aids for en route navigation. the increased complexity of procedure for operations in terminal areas, and the improvement in instrument approach facilities whereby all-weather operation more closely approaches reality.

The Board has attempted. through the technique of redispatch in flight, to alleviate certain excessive fuel requirements, which were encountered in air carrier operations as a result of the present Civil Air Regulations. In addition, the air carriers are relieved of the necessity for making provision for an alternate airport whenever the weather forecasts assure that no difficulty may be anticipated in approaching and landing at the destination under visual flight rules irrespective of the fact that flight en route may be accomplished in accordance with the instrument flight rules. The Board is of the opinion that adequate safeguards are provided to permit operations without the additional fuel normally required when an alternate airport is specified. The regulation provides, therefore, that under conditions in which available forecasts assure no undue delay in transition from IFR en route to VFR approach and landing at the destination an alternate airport need not be specified.

Another change from existing rules concerns the execution of an instrument approach at an airport to which the ceiling and visibility are reported to be below the minimums specified for that airport. The present rules prohibit a pilot from executing an instrument approach in such a situation. Revised Part 40 provides an exception to this prohibition it those instances when the landing is being made at an airport at which ILS and GCA are available and used for the approach and in those instances when the approach has progressed into its final phase at the time the below minimum report is received, and the pilot has determined that conditions at least equal to the prescribed minimums actually exist.

In addition to editorial and clarifying corrections, this revision of Part 40 contains numerous changes which have been made as a result of comment received in response to notice of proposed rule making and the Board's conclusions concerning matters presented during oral argument. In addition the sections have been renumbered and rearranged subsequent to the July 30, 1952 notice.

Since the sections discussed herein are numbered in accordance with the revised numbering. the number of the section as it appeared in the July 30, 1952, notice is indicated in brackets as a reference aid.

A new subparagrah (a) (3) is added to §40.320 providing a weekly flight time limitation of 30 hours. Although this flight time limitation is in presently effective Part 61, it was not included in the July 30, 1952 notice because of controversy concerning the number of hours which this limitation should provide. This issue is now being considered in separate rule making proceedings. In order that this part not be unduly delayed in promulgation, it was considered desirable to continue in effect the limitation as contained in Part 61 and make such later changes thereto as may be necessary upon completion of the separate rule-making proceedings.

Section 40.358 has been changed by adding a requirement that the pilot in command shall insure that appropriate aeronautical charts containing adequate information concerning navigational aids and instrument approach procedures are aboard the airplane for each flight. This requirement is presently in effect in §61.309 of Part 61 and had been inadvertently omitted from revised Part 40 on the assumption that this requirement was to be included in Part 43 of the regulations. Since no such requirement has been introduced into Part 43, it was considered desirable that the presently effective requirement be continued by including it in revised Part 40.

On January 8, 1953, the Board heard oral argument on certain matters at issue pertaining to revised Part 40. After careful consideration of the comments and arguments presented, the Board reached the following conclusions with respect to the provisions set down for oral argument.