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UNITED STATES OF AMERICA CIVIL AERONAUTICS BOARD WASHINGTON, D.C. Civil Air Regulations Amendment 40-2 Effective: March 20, 1948 Adopted: February 13, 1948 AIRCRAFT CERTIFICFATION LIMITATIONS FOR SCHEDULED PASSENGER OPERATIONS Section 40.2 (d) now requires that aircraft in scheduled passenger service used after December 31, 1948, be certificated in accordance with transport category airworthiness requirements and meet the operational limitations of § 61.712 over each route to be flown. This rule, if applied to certain models of aircraft, such as the Douglas DC-3, either would prevent their use in scheduled passenger service after 1948 or would require extensive alterations to the aircraft. The Board on November 3, 1947, held a public hearing which was concerned in part with a specific proposal to amend § 40.2 (d) so as to permit the use of DC-3s in scheduled passenger service after 1948 without extensive alteration. After due consideration of all information relevant to the matter, including the evidence introduced at the hearing, the Board has determined that operational experience with certain aircraft now in substantial use by scheduled air carriers justifies permitting their operation after 1948 without enforced compliance with the transport category requirements. This Amendment, therefore, authorizes such operation until the end of 1953. It further provides that an air carrier may elect at any time prior to the end of 1953 to qualify his aircraft under the transport category performance requirements of Part 04a. Under this elective, the air carrier is required to so qualify all units of the same basic model in his fleet, and thereafter to operate such aircraft in accordance with the operational limitations of § 61.712 over each route to be flown. If the air carrier continues to operate his aircraft without qualifying under the performance requirements of the transport category, the amendment authorizes the Administrator to determine and impose uniform operating limitations based upon the relationship of the performance of the aircraft to the airport dimensions and terrain. Interested persons have been afforded an opportunity to participate in the making of this amendment, and due consideration has been given to all relevant matter presented. In consideration of the foregoing, the Civil Aeronautics Board hereby amends Part 40 of the Civil Air Regulations (14 CFR, Part 40, as amended), effective March 20, 1948: By amending § 40.2 to read as follows: 40.2 Passenger minimum requirements. (a) Aircraft certificated as a basic type after June 30, 1942, shall be certificated in accordance with Part 04b, or the transport category requirements of Part 04a, and shall meet the requirements of § 61.712 over each route to be flown. (b) Aircraft certificated as a basic type prior to June 30, 1942, shall either: (1) retain their present airworthiness certification status and shall be operated in accordance with such operating limitations as the Administrator finds will provide a safe relation between the performance of the aircraft and the dimensions of airports and terrain; or - 18519 (1)
