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REGISTER

FEDERAL
VOLUME 18

NUMBER 252

Washington, Tuesday, December 29, 1953

TITLE 14 CIVIL AVIATIO N
Chapter I Civil Aeronautics Board Civil Air Regs., Amdt. 41-10
Part 41 C e r t if ic a t io n a n d O p e r a t io n Rules for S c h e d u l e d A i r C arrier O perations O u t s id e t h e C o n t i n e n t a l L imits o f t h e U n it e d S ta t es elimination o f r e q u ir e m e n t f o r c e r t if i
cation IN t r a n sp o r t c a t e g o r y a fte r DECEMBER 31, 1953, AND ESTABLISHMENT
OP NONTRANSPORT CATEGORY OPERATING
LIMITATIONS

Adopted by the Civil Aeronautics Board at its office in Washington, D. C., on the 23d day of December 1953.
This amendment to Part 41 of the Civil Air Regulations eliminates the require ment for certification in the transport category after December 31, 1953, and establishes nontranspoft category oper ating limitations to become effective on July 1, 1954.
Section 41.26 c of Part 41 currently states that after December 31, 1953, all aircraft operating under this part shall comply with the transport category cer tification requirements of either Part 4a or 4b and with the operating limita tions prescribed in this part for trans port category airplanes. This require ment was intended to remove from the scheduled air transportation such air craft types as the Douglas DC-3 and Lockheed L-18 after this date unless recertificated in the transport category.
This provision was also contained in Part 40 of the Civil Air Regulations. In view of the safety record of the DC-3 and L-18
and their continued use in scheduled passenger operation, the Board, in re vised Part 40, permitted the continued operation of these airplanes but required that they comply with certain perform ance operating limitations based on the nontransport category performance lim itations that presently appear in Part 42.
In view of the action taken with re spect to these airplanes in revised Part 40, this regulation permits operation of nontransport category airplanes under Part 41 after December 31, 1953, but at the same time prescribes the same per formance operating limitations that are Prescribed in revised Part 40.. Since it is estimated that the affected air car
riers will require about six months to implement these operating limitations for these aircraft, the operating limita tions will not become effective until July 1, 1954. This will permit con tinued operation, of these aircraft under present conditions until that date.
Interested persons have been afforded an opportunity to participate in the making of this regulation, and due con sideration has been given to all relevant matter presented. Since this regulation imposes no immediate additional burden on any person, it may be made effective without prior notice.
In consideration of the foregoing, the Civil Aeronautics Board hereby amends Part 41 of the Civil Air Regulations 14
CFR, Part 41, as amended effective immediately:
1. By amending 41.26 b 1 to read as follows: ,
CONTENTS
Agriculture Department
Page
See Commodity Credit Corpora tion; Production and Marketing Administration.

Air Force Department Rules and regulations:
Reserve forces:
Enlisted reserve; cross reference_______________________
Officers reserve:
Appointment of Officers in Regular Air Force--------Short and special tours of active duty-------------------

Civil Aeronautics Board
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Notices:
Trans-Pacific Airlines, Ltd., and Hawaiian Airlines, Ltd.; prehearing conference on mail rates_________________________ _
1 Retain their present airworthinessRules and regulations:
certification status and meet the re Certification and operation quirements of 41.36 except that until rules for scheduled air car July 1, 1954, these aircraft may be op rier operations outside con erated in accordance with such operat tinental limits of U. S.:
ing limitations as the Administrator Elimination of requirement finds will provide a safe relation between for certification in trans the performance of the aircraft and the port category after Decem dimensions of airports and terrain; or ber 31, 1953, and establish ment of nontransport 2. By deleting 41.26 c .
category operating limita 3. By adding new 41.36, 41.36a, tions________________________
41.36b, 41.36c, and 41.36d to read as Special civil air regulation;
follows:
landing weights for non 41.36 Nontransport category air transport category air plane operating limitations. In operat planes in scheduled over ing any nontransport category airplane seas and foreign passenger in passenger service on or after July 1, operations__________________
1954, the provisions of 41.36a through Irregular air carrier and offroute rules; extension of 41.36d shall be complied with, unless de viations therefrom are specifically au date requiring:
Application of transport thorized by the Administrator on the category performance re ground that the special circumstances of quirements to C-46 type a particular case make a literal observ airplanes-------------ance of the requirements unnecessary for Nontransport category air safety. Prior to that daté such airplanes planes used in passenger shall be operated either in accordance operations to comply with with 41.36a through 41.36d or in ac standards other than those cordance with such operating limitations currently in effect-------
as the Administrator determines will Radio equipment of approved provide a safe relation between the per type---------------------------------formance of the airplanes and the air Rules of practice in economic ports to be used and the areas to be traproceedings; redesignation of Office of Enforcement----------Continued on p. 8745
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