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REGISTER
VOLUME 14

1934

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NUMBER 61

Washington, Thursday, March 31, 1949

TITLE 14 CIVIL AVIATION
Chapter I Civil Aeronautics Board P art 42I rregular Air C arrier and O f f -R oute R ules
Adopted by the Civil Aeronautics Board at its office in Washington, D. C., on the 23d day of March 1949.
Currently effective Part 42 provides rules for the operation of irregular air carriers which in many respects establish a comparable level of safety to that re quired for operations conducted by sched uled air carriers. Revised Part 42 is de signed to provide a level of safety in irregular operations in transport-type aircraft which will be the equivalent of that required of the scheduled air carriers in so far as the inherent differences in such operations will permit. These requirements are the result of the consid eration given to the application of Part 42 to irregular air carrier operations since the original promulgation of the part in 1946, the knowledge that the many irreg ular air carriers who have conducted op erations at a high level of safety desire safety standards equivalent to those re quired of scheduled operators, and the Boards opinion that it is in the public interest to require all operators serving the public to perform their services with the highest possible degree of safety.
A more detailed statement of the basis and purpose of the part is contained in the Explanatory Statement of Part 42.
Interested persons have been afforded an opportunity to participate in the mak ing of the revised part, and due consider ation has been given to all relevant matter presented.
In consideration of the foregoing, the Civil Aeronautics Board hereby makes and promulgates a revised Part 42 of the Civil Air Regulations 14 CFR, Part 42
effective June 1,1949, to read as follows:
Explanatory statement of Part 42.
When Part 42 of the Civil Air Regula tions, which established nonscheduled air earlier certification and operation rules, was promulgated, the Board was cognizant of the faet that the application of these rules to nonscheduled operators should be kept under constant study and that changes in these rules would be re quired from time to time based upon operating experience. As a result of
this continued consideration, substantial changes have already been made in Part 42 to raise the required minimum level of safety; for example, additional pro visions have since been promulgated relating to fire prevention, pilot qualifi cation, aircraft maintenance, pilot flight time limitations, and weather minimums.
These changes introduced requirements that were highly comparable with similar operating requirements for scheduled air carriers.
The last of the nonscheduled air car riers operating under the grandfather clause of 42.45 has been inspected and granted an operating certificate by the Administrator. An examination of the records obtained in the certification proc ess indicates that there are more than 2,600 nonscheduled operators, and that about 560 multiengine aircraft of similar types to those operated by scheduled carriers are being operated by about 140
of these carriers.
The standards presently established by Part 42 for these larger types of trans port aircraft do not in all respects pro vide a comparable level of safety with the prescribed standards for scheduled operations. The revised part, therefore, is designed to establish such equivalent standards as the inherent differences in scheduled and nonscheduled operations permit. New requirements are set forth to insure comparable airmen compe tency, aircraft equipment, maintenance, and operating limitations for passenger carriage.
After considering comments received in the rule-making process, the Board has raised, from 10,000 to 12,500 pounds, the weight which will distinguish be tween rules applicable to large aircraft and to small aircraft. There are a few aircraft in the range between 10,000
and 12,500 pounds whose operational and maintenance characteristics more closely correspond to those generally recognized as small aircraft than to the larger transport category type airplanes. E x amination o f pertinent irregular air carrier statistics indicates that fewer than a score of airplanes will be affected by the change.
The revised part will require an appli cant for a certificate to own or have the C ontinued on next page
CONTENTS
Agriculture Department
Ps>ge
Proposed rule making:
Milk handling in Philadelphia, Pa., area___________________

1442

Alien Property, Office of Notices:
Vesting orders, etc.:
Deschermeier, Katie------------- 1449
Doenges, Auguste---------------- 1452
Hellmann, Richard, and Title Guarantee and Trust Co. 2
documents_________ 1449, 1450
1453
Holcap Leathers, Inc_______
Ichikawa, Nobuta---------------- 1452
Keller, Mrs. Gerda_________
1452
Lemke, Friedrich Rudolf----- 1450
Mallinckrodt, Edward, and St.
Louis Union Trust Co_____
1450
Manbo, Masao______________ 1453
Masuda, Seichi and Natsu 1453
Nakano, Sugano------------------ 1451
Sackmann, Jack------------------ 1451
Schlieper, Annette Casassa, et al___ ,----- ------- ----------- 1454
Schulz, William S--------------------1452
Von Aulock, Alfred------------- 1451

Civil Aeronautics Board Notices:
Hearings, etc.:
Mid-Continent Airlines, Inc.
et al.; through service pro ceeding__________________
Viking Airliners et al-----------Proposed rule making:
Parachute requirements____ .
Rules and regulations:
Commercial operator certifica tion and operation--------------Irregular air carrier and offroute rules_________________

1445
1445
1444
1437
1427

Commerce Department See Domestic Commerce, Office of ;
International Trade, Office of.

Domestic Commerce, Office of > Rules and regulations:
Allocation orders; antimony
1438

Federal Housing Administration Notices:
2 y2% War Housing Insurance Fund Debentures; partial re demption-------- -------------------

Federal Security Agency See Public Health Service.
1427

1446