### UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION
Federal Aviation Administration, ) ) Complainant, ) FAA DocketNo CP08WP0004 ) 

### ) (Civil PenaltyAction) ) Sun QuestExecutive Air Charter, Inc. ) ) 

### Respondent. ) DMS No. FAA-2008-0238 ) Complainant's Supplemental Briefin Response to the Order Requesting FurtherBriefmg 

### Pursuant to the Order Requesting Further Briefing, served onJanuary 5, 2011, Complainant submits this Supplemental Brief.

Whether the definition of"other commercial flying" shouldbe changed inview of possible changed circumstances or in view ofchanges inthe statutory definition of "public aircraft"? Summary It

### is Complainant's positionthat, at least inthe context ofthis case, the Decisionmaker should nottake action to broadenthe definition of"other commercial flying" to include public aircraft operations inadditionto military flying.l First, as explainedinthe Complainant's appeal brief, there is no evidence that Mr. Smith's flights for the Los Angeles Police Department were public aircraft operations. Second, the

1 Complainantpresumes thatthe Decisioumaker is not contemplating redefining by adjudication "other commercial flying" to include military flying because that couldhave no benefit for Respondent. Buteven ifsuch a change was under consideration, it wouldneedto be made following notice-and-comment rulemaking, as we argue below; moreover, apart from any legal requirement, it wouldbe prudent to use that vehicle to make such a change.

### 2 differing treatmentfor military flying can be traced backto 1926 when Congress drew distinctions betweenmilitary and other public aircraft operations. Third, changes inthe statutory definition of"public aircraft" do not support expandingthe scope ofexceptions
to "other commercial flying" to public aircraft operations beyond military operations. Fourth, such an expansion appears to be inconsistent withtherecentnotice ofproposed rulemaking issuedby the agency onthe issue offlight and duty timerequirements. Fifth, underthe Administrative Procedure Act, a change to the long-standing interpretation of "other commercial flying" would require notice-and-commentrulemaking.

Discussion 

### 1. The Legislative History Lends Supportto theFAA's Longstanding Interpretation That "Military Flying" is the Only Type ofDirect, orBy Contract, Governmental FlyingThat NeedNotbe Counted as Flight Time for Purposes ofDetermining Compliance with Flight Time Limitations in Part 121 or Part 135 Operations. 

### A. The Legal Underpinnings ForNot Counting MilitaryFlying as "Other Commercial Flying" Are Based On a Long History ofTreating Military Flying Differently From Other Flying, Including Other Types ofPublic AircraftFlying.

As early as 1926 Congress carved out exceptions for U.S. military aviation operations to allow such operations more leeway and less regulation thanwould otherwise applyto other public aircraft operations and civil aircraft operations. The term "public aircraft" was used inthe Air Commerce Actof 1926. Under Section.9( d) ofthatAct "public aircraft" was defined as "
... an aircraft used exclusively inthe governmental service." Pub. LawNo. 69-254, 44 Stat. 568. See Attachment 

### 1. As

### 3
the Conference Report accompanyingthe Act explains:



### . PublicAircraft.--Underthe Senatebillpublic aircraft were exemptfrom all the

regulatory interstate and foreign commerce requirements ofthe act. Under the House amendment public aircraft were exemptinrespect ofall navigation from the requirements as to the airworthiness andtherating ofthe airmen, butnotfrom airtraffic rules upon civil airways nor from registration. Underthe substitute public aircraft ofthe Federal Government are exemptfrom the airworthiness requirements and the regulations as to the rating ofairmen, unless such aircraft are voluntarilyregistered; butpublic aircraft ofthe Federal Government are not exempt from the air traffic rules, exceptin so far as the SecretaryofWarhas control overexclusive military aircraftupon military airways. H.R. Rep. No. 1162, 69th 

### Cong., 1st Sess (1926), 

### reprinted in Civil Aeronautics, Legislative History ofthe Air Commerce Act of 1926 at 50. SeeAttachment 

### 1. Thus, it appears that as early as 1926, Congress identified military operations as being so important and different that special exceptions would beprovided

-- not only from laws thatwould apply to civil aircraft operations, buteven additional exceptions beyond those afforded to othertypes of"public aircraft"·operations. Hence, other Federal or State "public aircraft" operations wouldhave to follow air traffic rules without exception, whereas military operators couldbe excused "inso far as the Secretary ofWar has control over exclusive military aircraft upon military airways.,,2 In 1942, Congress enacted a lawto increasethe monthlymaximumnumber of flying hours ofair carrierpilots, as limitedbythe Civil Aei:onautics Actof 1938, because ofthe military needs arising outofWorld War 

### II. See Pub.L. 77-535 (1942). See Attachment 2. Partofthe legislative history for the Public Law, includes the following: Thepurpose ofthis billis to extendthe maximumflying time to 100 hours [from the then-current 85-hour limit] permonth. The Civil Aeronautics Boardwill have the powerto shorten suchtime whenthe maximum is notrequired by military needs. Itwill also have powerto authorize suchflight inexcess ofsuch

2 As previously discussed in Complainant's Appeal Briefat pp. 11-12, by 1958 Congress decided to vest in !beFAA the plenary authority for managing aircraft operations in the national airspace system, in part because it was not clear who, i.e., aparticular civilian agency or the military had authority over air traffic, airspace, andother aviation safety issues. The chaos led to aviation accidents, including midair collisions.

### maximumto the extentnecessary to complete a particularflight for military purposes. The act is temporary inits operation and will terminate 6 months after the end of the war, or at such earlier time as Congress, by concurrent resolution orthe Presidentmay designate. ' The immediate effect ofthe legislation will beto increase the available air pilot manpower for civilian and military air transportation. The increased flying time will addthe service equal to that now given by three or four hundred experienced trained pilots. The Secretary ofWar states: 4

It

### is appreciated, inthis connection, that continued uninterrupted service by domestic air lines is essential inthe interests ofnational security. The purpose of the proposed legislation is to make itpossible to utilize the services of experienced air-line pilots inthe Army and Navy without interrupting domestic air-line schedules.

H.R. RepNo. 77-1944, to accompany House Bill HR 6799, March 24,1942. See Attachment 2. Furthermore, the legislative history notes thatthe Air Line Pilots Association supported thebill and stated: The pilots feel thatthey want to do whatthey can for their countryinits hour of dire need. 

# *

# ** We are willing to deferthe effects ofthe 85-hour limitation and to fly withno limitation on flights that arepurely for militarypurposes for the duration ofthe present war.

OnApril 10, 1942, a hearing was heldbefore a subcommittee ofthe Senate Commerce Committee onthis bill. Captain Behncke, President ofthe Air Line Pilots Association, statedthe following: 

# * *

# *However, all this notwithstanding, the pilots are ready and willing to do whatever they canto help our Commanderin Chief, the President, further the war effort, and therefore, we are willing to agree to deferthe effects ofthe 85-hour limitation and to fly with no limitation to complete particularflights that are purely military "must" flights for the duration ofthe present war. Obviously, the

### pilots do not wishto see any ofthese extraflying hours used for private profit, anditis withthese understandings that I havejust outlined thatwe give our endorsementto bill 

### H.R. 6799. SeeAttaclnnent 2. Fromthis legislative history, it appears that Congress recognizedthat because so 

### 5

many experienced professional airline pilots were going into the military service, thatthe domestic civil aviation airline industry would be severely affected with a manpower shortage, unless the remaining airline pilots were permittedto increase the number of commercial hours from 85 hours to 100 hours per month. Thus, everyone who traveled

onU.S. air carriers wouldhavepilots limitedto 100 hours permonthrather than 85 hours. Congress accepted the public interesttradeoffthat in exchange for some increased risk to airline passengers and airline pilots from possibly increased fatigue by air carrier3 

### pilots during World War II, the public interest ofthepeople ofthe United States of America wouldbe potentially advanced bymaintaining the viability ofthe air carrier industry thatwas experiencing a depletion ofavailable pilots. The law also authorized air carriers and their pilots to exceed the new 1DO-hour per month flight time limit, but only for military-purpose flights. Again, Congress accepted a public interesttradeoff: in exchange for furthering the nation's military goals (perhaps bytransporting troops ormateriel on air carrier aircraft), the air carriers and their pilots exposed themselves to additional cumulative fatigue risks beyondthe 100-

3 Throughoutthis briefComplainantrefers to "air carriers." However, because parts 121 and 135 applyto air carriers (i.e., those engaged in "air transportation") and other commercial operators (as defined in 14 C.F.R. part 1), it should be understoodthat the "other commercial flying" language andthe flight time limitations ofbothparts 121 and 135 apply to those wholthat operate underparts 121 or 135 regardless of whether they are air carriers or other commercial operators. Thus, 

### for example, apart 135 common carrier engaged in wholly intrastate operations in Alaska that does not canythe U.S. mail, is not an "air carrier," butis instead a "commercial operator." Nonetheless, ittoo is boundby the flight time limitations ofpart 135, including the rules thatrequire the pilots and the part 135 operatorto count "othercommercial flying" when determining whether apilot is at, near, or over any part 135 flight time limitation.

### 6
hourper monthflight time limits. Thus, the purpose for an air carrierpilotaccumulating

more flight time beyond the new, buttemporary, 1OO-hourper month limit would be to advance thenational security interests ofthe United States. Exceeding the 100-hourper monthlimit, would not
-- as ALPA PresidentBehncketestified

- be used "forprivate profit" andthus, 

### air carriers could not make their pilots exceed 100-hours in a month on flight unrelated to the military's warefforts. On September 16, 1942, the Civil Aeronautics Board amended its rules to meet the statutoryprovisions ofPub. 

### L. 77-535. See, 7 Fed. Reg. 7478 (September 23,1942). The CAB, among otherthings, inserted the following paragraphs (d) and (e) into then

new section 61.518 ofTitle 14 ofthe Code ofFederal Regulations: (d) A pilot shall not fly in scheduled air transportation services as a member of the crewmore than 100 hours in anyonemonth: Provided, Thatthe Administratoris authorized, during thepresentwar and until 6 months after the termination thereof, topermitthe maximum of 100 hours to be exceeded to the extent necessary to complete a particular flight for the military. (e) A pilot shall not fly in scheduled air transportation service as a member of the crewmore than 1,000 hours in anyone calendaryear: Provided, That this limitation shall notbe effective during thepresentwar anduntil 6

. months after the termination thereof, and that duringthis period the

maximum flying hours permitted in anyone calendaryear shall be controlled bythe provisions ofparagraph (d) ofthis section. See Attachment 3. By 1948 the flight time limitations continuedto have an exceptionto the monthly and annual flight time limitations in order to complete a particularflight for the military. The regulations provided, inpart, the following in 14 C.F.R. 

### § 41.54: (d) A pilot shall notfly as a member ofthe crewmore than 100 hours during any one month: Provided, thatthe Administrator is authorized, during the presentwar and until 6 months after the terminationthereof, to permitthe maximum of 100 hours to be exceededto the extent necessary to complete a particularflight for militarypurposes.

### 7
(e) A pilot shall not fly as a member ofthe crew more than 1,000 hours in any 12- monthperiod: Provided, Thatthis limitationwill notbe effective during the present war anduntil 6 months after the termination thereof, and that during this period the maximum flying hours permitted inany 12-monthperiodwill be controlledbythe provisions ofparagraph (d) ofthis section. See also, 14 C.F.R. §6l.117. (1949). See Attachment 4. The special treatment Congress accorded military flying serves as the underpinning for the agency's interpretation

- inexistence for decades

-- excepting military flying from "other commercial flying." B. Changes to the definition of"public aircraft" do not support expanding the exceptions to "other commercial flying" beyondthe military exception in the context ofthis litigation. As the Order Requesting Further Briefingpoints out, there have been several changes to the definition of"public aircraft" over the years. None ofthese changes, however, would seem tojustify an expansion ofthe exceptionsto "other commercial flying" beyondmilitary flying. Indeed, among the changes has been a contraction of "public aircraft" status in regardto flights carrying U.S. militarypersonnel. That contraction canbe demonstrated by applying the different statutes defming and relating to "public aircraft" to determine whether an air carrier under contract to the Department of Defense (DOD) to carry a planeload ofU.S. soldier-passengers is a public aircraft. In 

### 1991, the statutory defmition of"public aircraft" was: "any aircraftused exclusively inthe service ofany government or any political subdivision thereof, including the government ofany State, Territory, orpossession ofthe United States, orthe District ofColumbia, but notincluding any government-owned aircraft engaged incarrying persons orproperty for commercial purposes. For purposes ofthis paragraph 'used exclusively inthe service of means, for other thanthe Federal Govemment, an aircraft which is owned and operated by a governmental entity for other than commercial purposes or which is

### exclusively leased by such a governmental entity for notless than 90 continuous days." Section 101(a)(36) ofthe Federal AviationAct of1958, as amended and as it existed in 1991. 49 U.S.C. App. § 

### 1301(a)(36) (1991). Applyingthat defInition, ifan aircraft was engagedin the exclusive use ofthe U.S. Goverrunent

-- even for one flight

-- then itwas a public aircraft. For states and local goverrunents, the exclusive use hadto be for at least 90 continuous days. In 

### October 9,1994, Congress passed the Independent Safety BoardAct Amendments of 1994. Pub. 1.103-411. The President signed this Act into law on October 25,1994. This law changed the defmition of"public aircraft," as explained in Complainant's Appeal Briefatpages 18-21. Butthose changes to the public aircraft 8

definition didnot change the exclusive use provisions for the U.S. Government. Carrying forward the U.S. Government exclusive-use provisions resulted in public aircraft status for any air carrier aircraft transporting a planeload ofU.S. soldiers from New Yorkto Los Angeles under contractto the military. Thus, none ofthe part 121 orpart 135 rules wouldhave applied (since all ofthose rules apply onlyto civil aircraft operations). Thus,

no FAA flight, duty or rest rules would have applied to such a flight. The definition of public aircraft, in 1995, was recodified at49 U.S.C. § 40102(a)(37). See Attachment 5. By 2001, a change was made to the public aircraft definition and a new section

was added to the U.S. Code. Bothchanges fundamentally altered the U.S. Government exclusive-useprovision inthe public aircraft definition, at least insofar as aircraft chartered to theU.S. Armed Forces. See Attachment 6 for a copy of49 U.S.C §§ 

### 40102(a)(37) and 40125 (2001). As noted above, beforethis law, the aircraft charteredbytheDOD to transporttroops from New Yorkto Los Angeles, would have

### 9
had public aircraft status. Under the newlaw, however, such a flight would have civil aircraft status unless the Secretary ofDefense designated that operation as being inthe national interest. The interesting thing aboutthat change is this: Two hundred soldiers could be on an air carrier aircraft chartered by DOD to transport them from New Yorkto. Los Angeles, and that flight would have "civil aircraft" status. Becausethat flight would be conducted for compensation orhire, that flight would be governed by part 121. Ifit

were a smaller aircraft, carrying only 9 soldiers, that flight would be a "civil aircraft" flight bythe air carrier and wouldhave been governed by part 135. Notably, these changes inthe law resulted in the imposition ofpart 121 or 135 safety rules to snch flights charteredto the DOD, including all ofthe flight, duty, and restrules ofthose parts which formerly did not applyto aircraft that were "exclusivelyused," for example, under
contractto the military. Interestingly, despite that sweeping change thatresulted in the imposition andthe applicability ofscores ofFAA safety rules to flights charteredby the military, ifone or both ofthe air carrier pilots was a U.S. military reserve pilot, none of the "military flying" that those pilots did would be counted inthe calculation offlight time for purposes offlight time limits. But, significantly, all ofthe look-back rest requirements and other safety requirements inparts 121 and 135 would apply

-- evento air carrier pilots who were military reserve pilots and occasionally accumulated military flying. Today, those two sections ofTitle 49 ofthe U.S. Code reflect additional changes. The newest changes seemto capture
-- as "civil aircraft"-- additional contractual arrangements betweenthe military and private operators. See especiallyparagraph (E) to

### 10
the new definition of"public aircraft" in 49 U.S.C. 

### §40102(a)(41)(E).4 In

### other words, the new law changed from ''public aircraft" status to "civil aircraft" status, many nontransport aviation contracts withthe military that formerly had ''public aircraft"
status. The newlaw added "other commercial air services" to the definition ofpublic aircraft in49 U.S.C. 

### § 40102(a)(41)(E) and when read together with 49 U.S.C. § 40125(c)(I)(C) meant that many other types ofaviation services provided to the military wouldhave "civil aircraft" status as long as certain statutory conditions were met and as long as the Secretary ofDefense didnot designate such anoperation as needing to have "public aircraft" status in the national interest. Thus, for example, ifthe military contracted with a private sector company to provide elementaryparachute-jump training
to soldiers, those operations wouldhave "civil aircraft" status as long as the operations

were conducted inthe U.S., such training was available to the public at large for compensation orhire, and such operations must comply with all applicable civil aircraft rules. Before that change in the law, suchnontransport contracts withthe military would have comeunderthe still-existent "exclusiveuse" concepts (nowworded as "aircraft used only for the United States Government" -- see 49 U.S.C. § 40102(a)(41)(A)) -- 

### and wouldhave beenpublic aircraft operations. Many different implications could be drawn from these changes to the lawthat narrowed situations inwhich DOD contractors wouldbe permitted to conduct operations

as "public aircraft." The net effect is that, absent a critical national interest need declared bythe Secretary ofDefense, Congress has decided that military personnel transported on aircraft charteredto the military and other commercial aviation services provided to the

4 See Attachment 7 for the cnrrent statntory definition ofpublic arrcraft andthe cnrrent version of49 U.S.C Section40125.

### 11 military (and that are otherwise available to the public at large inthe United States) shouldbe governedby the full panoply ofFAA "civil aircraft" safety rules. The legislative history supports it

### military flying exceptionto "othercommercial flying." And, therecent evolution ofhowmostflights and other commercial services providedby air carriers and others to the U.S. military has beento increasingly provide a "civil aircraft" standard ofsafety to those aviation operations unless the Secretary of Defense makes a finding that such flights need to have "public aircraft" status
-- inthe "national interest." Thus, the general trend has beento provide military personnel with the safetybenefits ofcivil aircraft operations, unless the Secretary ofDefense declares thatitis inthe national interest (i.e., a national defense need) for such operations to have "public aircraft" status. Thattrend is instructive to the extent the FAA may consider widening the exceptions to "other commercial flying." C. Expanding the exceptions to "other commercial flying" to include other public aircraft operations beyond military flying appears to be inconsistent withthe FAA's currentNPRM onflight and duty. In

### the FAA's currentNPRM, 75 Fed Reg. 55852, September 14,2010, the FAA has proposed to eliminate the so-called tail-end ferry flight exception for part 121 air carrierpilots. Ferry flights conducted under Part91 for which the pilots receive remuneration are considered "other commercial flying." So called "tail-end ferry flights"S are part91 flights required ofthepilots by air carriers in order to positionthe

5 Although it does not appearthatilie NPRM preamble uses the phrase part 91 "tail-end ferry flight," that documentnotes thatthe NTSB reconunended that.the agency eliminate ilie ferry flight exception to the applicability ofpart 121 rules (75 Fed. Reg. 55852 atp. 55856) andin ilie proposednew section 117.1, the agency writes, inpertinentpart, iliat" [the proposednewpart 117] also applies to all flightcrew members andpart 121 certificate holders when conducting flights under part 91 ofthis chapter." Id. at 55884.

### 12
aircraft and/or crew for subsequentpart 121 or 135 flights onthe pilots' next duty day.6 However, these tail-end ferry flights, whichpilots conduct for compensationby the air carrier, are not counted when calculating whether a pilot has exceeded daily 

### flight time limitations.7 

### Generally, suchtail-end ferry flights are countedtoward the weekly, monthly and annual flight time limits inparts 121 and 135. Inthe NPRM, the agency proposes to eliminate the tailcend ferry flight exception -- eventhoughno revenue cargo
orpassengers would be exposedto the pilots who had accumulated flying homs in excess ofthe part 121 daily limits. The agency's proposal, inpart, maybe based onthe NTSB recommendation which was cited inthe NPRM and which seemsto focus onthe concern that air carriers were assigning flight crewmembers to such other commercial flying -- thatis presently not subject to the flight time limitations inpart 121 (or part 

### 135)-- regardless ofthe fact that dangerous cumulative fatigue couldjeopardizethe air carriers' employees (e.g., pilots) onthose part 91 tail-end ferry flights. See 75 FR55856, middle column. TheFAAis presently proposing to eliminate one kind ofexceptionto "other commercial flying", i.e., tail-end ferry flights (which potentially endanger onlythe flight

crews and other air carrier employees by exposing those onboardthe carriers' part91

6 See, e.g., Letter to ALPA Attorney Johnson, from Assistant ChiefCounsel Byrne, date May 9,2003
.

. Interpretation 2003-8. (WestPublishing).

7 Occasionally, ifthe circumstances are right, it is possible that atail-end ferry flight conducted atthe end ofan air carrier pilot's duty week (which, for example, mightbe limited to 30 hours offlight time in 7 consecutive days) might be "tail-end" to that week, and thus not connttowardthe weekly flight time limitation. See, e.g., Interpretation 1987-12. In 2003, anFAA interpretation extensively discusses "other commercial flying" and includes a cliscussion thattail-end ferry flights do not count against daily flight tirue limits. Thatinterpretation also discusses the paradoxical interplay betweenthe inapplicability oftailendferry flight tirne counting toward daily flight time limitations butthe "counting" ofsuch flight time when calculating the length ofarequired restperiod. Thus, while "other commercial flying" done by a pilot for one employer, mustbe considered and counted by thatpilot's air carrier employer for compliance with flighttime limitations, "other commercial flying" and its impact onrestrequirements only has to be considered by the air carrier employer ifthat "other commercial flying" was assignedby that self-same air carrier employer. See Interpretation 2003-8 at pp. 1-353-364. (WestPublishing).

### 13 operations to the dangers associated withthe pilots' cumulative 

### daily fatigue from actual daily flight time accumulated). Thus, it appears thatthe agency, for safety reasons, has at leasttentatively concludedthat some 

### air carriers that are presently unfettered bythe part 121 flight time limitations when assigning theirpilots to conductpart 91 tail-end ferry flights, need to be subjectto a new safetyrule. This new safety rule would be for the benefit ofthose onboardthe part 91 tail-end ferry flight, which would be the pilots themselves and occasionally other air carrier employees. It

### would appear to be incongruent withtheNPRM's safetyproposal to create a
new exceptionto "other commercial flying," for some or all public aircraft flying (which would exclude such flying in computing 

### daily, weekly, monthly, andannual flight time). Indeed, some might argue thatthe dangers that arguably would be remedied by eliminatingthe tail-end ferry flight exception would be worse ifthe definition of"other cormnercialflying" was interpreted to except some or all public aircraft operations. Assume, for example a carrier that has a contractto conduct public aircraft operation for

a govermnental entity or a carrier and also a government entity thathas its ownpublic aircraft operations. First, not only would employee pilots who had conductedpublic aircraft flights inthe morning not have the safety benefits ofcountingthat flight time for purposes ofthe flight time limitations that applyto other part 135 flights they might make later that day for that employer, but air carrier passengers wouldbe exposed to increased fatigue riskifair carriers couldignore all public aircraft flying done for thembytheir pilots earlier inthe day. Second, where there may be part 121 carriers now that arguably expose their employees to the cumulative fatigue dangers oftail-end ferry flights for purposes ofrepositioning airplanes or crews, any change inthe lawto except all "public

### 14
aircraft" flying as "other commercial flying" would expose those pilot employees to

, 

### potentially more flights

-- butthis time carrying revenue passengers and cargo -- above and beyond thepart 121 or part 135 flight time limitations. Finally, itis noteworthy thatin the FAA's currentNPRMregarding flight time limits, duty limits andrest requirements for part 121 flightcrew members, the agency provides an extensive discussion about military exigencies that maywarrant deviations from the proposed safety rules. See 75 Fed. Reg. at pp. 55875-55876 (Sept. 14,2010). It 

### does not appear thatthe NPRM contains any discussion about adding all public aircraft flights as an exception

-- like military flying

-- to theproposedpart 121 flight time limitations.

D. Changing the law, as part ofthis adjudication, to expandthe exceptions to "other commercial flying" to include other public aircraft operations beyond military flying couldbe contraryto court decisions identifying when notice-and-comment rulemaking is required. As a general rule, administrative agencies are free to announce new principles during adjudication. NLRB v. Bell Aerospace Co., 416 U.S. 267, 290-295 (1974); Teameyv. National Transp. Safety Bd., 868 F.2d 1451, 1453 (5th Cir. 1989), cert. denied, 110 S.Ct. 333; Cities ofAnaheim, Riverside, Banning, Etc. v. FERC, 723 F.2d 656, 659 (9th Cir. 1984). But, agencies may not use adjudicationto announce new principles where itwould: 1) amountto 

### an abuse ofdiscretion; or 2) circumventthe requirements ofthe Admiuistrative Procedure Act. Bell Aerospace, 416 U.S. at290-295. TheNinth Circuithas interpretedthe first limitation as a restriction on agency policy making by adjudicationthatresults inundue hardship by the agency suddenly changing directions, to the detriment ofthose who relied onpastpolicy. Ruangswang v.

### 15 INS, 591 F.2d 39 (9th Cir. 1978). The Ninth Circuithas similarly interpretedthe second limitation as a restriction on agency policymaking through adjudicationwhen it is used
to amend a recently adopted rule, Ruangswang, 591 F.2d at 45-46, or to supplant a pendingrulemaking project. Ford Motor Co. v. FTC, 673 F.2d 1008, 1010 (9th Cir. 1982). To changethe meaning of"other commercial flying" inthe context ofthis adjudication to newly exclude some or all "public aircraft" flying frombeing considered "flighttime" for purposes ofapplying the flight time limitations ofpart 135 (or part 121) would run counterto both limitations onrulemaking through the adjudication process articulated bythe Supreme Court in BellAerospace. Such a sweeping change to the longstanding definition of"other commercial flying" to incorporate police flight activities

as an exception

-- or all "public aircraft" flying

-- could potentially impact public safety and have a significant cost impact on affected carriers and others. It, therefore, is the type ofchange inthe lawthat should onlybe contemplated throughnotice-and-comment rulemaking. In addition, in view ofthe currentNPRM, as noted above, that proposes to eliminate the safety concerns ihherent inthe "tail-end" ferry flights, any change to the defmition of"othercommercial flying" through adjudication couldbe construed as inappropriately supplanting thatrulemaking. Furthermore, "[u]nder the APA, agencies are obligated to engage in notice and
commentbefore formulating regulations, which applies as well to 'repeals' or 'amendments'." Air Transport Association v. Federal Aviation Administration, 291 FJd 49 at 56 (DC Cir. 2000). And,"an agency violates the APA ifit makes a fundamental change inits interpretation ofa substantive regulation withoutnotice and comment." Id.

### 16 citing Paralyzed Veterans ofAmericav. D.C. ArenaL.P., 117 F.3d 579 (DC Cir. 1997). Once an agency gives its regulations an interpretation, it can only changethat interpretation as it would formally modifythe regnlations itself: through APA noticeand-cormnentrnlemaking. Alaska Professional Hunters Assoc. v. Federal Aviation Administration, 177 FJd 1030 (DC Cir. 1999). Apartfrom the case law, itwonld seem prudent to avoid expanding the exceptions
to "other cormnercial flying" beyond military flying inthe context ofthis adjudication because so manypersons with an interest inthe matter wouldbe likely to cormnent if notice-and-cormnent procedures were followed before any such change was made.8 

### Below are some ofthe issues thatmay be raised iftheFAAwereto propose through notice-and-cormnentrulemaking an expansion ofthe exceptions to "othercormnercial flying." (i) Private Sector Businesses Engaged inbothAir Carrier Operations and Public Aircraft Flights, Under Contract, for GovermnentalEntities.
Pilots for private companies that conduct air carrier operations and conductpublic aircraft operations for Federal and state govermnent might have a concern about the

'Complainantnotes that ifthere was a situation where the FAA's interpretation ofa statutory provision or its own orders were found to be in conflict withthe correct interpretation ofa statute orwhere FAA practice was inconsistent with a statutorymandate, thenthe FAAmightbe able to change its interpretation without APAnotice and comment procedures. See, e.g., ConnAire, Inc. v. Secretary, U.S. Dep't ofTransp. 887 F.2d 723,727 (6th Cir., as amended 1990) ("Ifthe FAAhad the statutory authority to do what it did and the [agency's

### 1guidelines conflict, the statute mustbe given preference over the guidelines.") and Cleveland Nat. Air Show. Inc., v. U.S. Dept. ofTransp., 430 F.3d 757, p. 765 (6th Cir., 2005)("A government agency, like ajudge, may correct a mistake, andno principle ofadministrative law consigns the agency to repeating the mistake into perpetuity."). But see, Alaska Professional Hunters. 177 F.3d 1030 in regardto changing longstanding interpretations. In the Cleveland case, the FAA had interpreted a statutoryprovision in 2003 to permitthe air showto take place, but the very nextyear, under a virtually identical statutory provision, the FAAstated thatthe statute prohibitedthe air show fromtakingplace atthe specifiedtime and location. Complainantis unaware ofany statutorymandate thatwouldrequire a change inthe law in the circumstances ofthis case and thus, Complainantthinks thatthe ConnAire and Cleveland cases are inapplicable in this circumstance.

### 17
number offlight hours they mightbe required to operate ifnonmilitarypublic aircraft time was no longer counted as "other commercial flying." For example, ifa helicopter operator authorizedto conduct operations under part 135, 133, and 137 certificates also had contracts withthe government to fight fires (which might well be public aircraft operations), it could require a pilotto operate the several hours ofpublic aircraft operations inthe morning followed bythe maximumnumber offlight hours permitted for air carrier operations underpart 135 Ifa private entity conducting public aircraft operations under contractto a governmental entity wantsto minimize overhead costs, it c could avoid hiring additional pilots to cover its part 135 flights by simply not counting any public aircraft flying done byitspilots onits government contracts as any "flight time" for flight time limitation purposes. Aside from pilots, safety advocates and prospectivepassengers might also be concerned aboutthis potential situation. ii. Some State and Local Governmental Entities Engage in BothAir Carrier Operations and Public Aircraft Operations. Some state and local governments have part 119 certificates authorizing part 135 operations andthey engage in somepart 135 commercial operations in addition to public aircraft operations. Other part 135 operators and trade associations, as well as the operator's pilots and prospective passengers mightwantto comment on any proposed expansion ofthe exceptionfor "other commercial flying" to some or all public aircraft flights. 

### An interesting cases study exists in In

### the Matter ofthe Petition of Travis County, Texas, Denial ofExemptionNo. 6418, DocketNo. 28196, March 29,1996. (Available on the FAA's website under Rulemaking/Exemptions). TravisCounty, which thenhad authority to operateunder part 135, sought a statutory exemptionfrom certain civil

### 18
aircraft standards and a 14 C.F.R. part 11 exemption from not only all ofthe rules inpart 135, but 30 or so rules in part 91 (including rules applicable to "public aircraft" operations) and certain criminal lawprovisions. Among otherthings, Travis County did
notwantto be held to part 135 safety standards when it transported

- for compensation or hire -- sick and injuredpeople to hospitals or betweenmedical facilities. The FAAheld

.that such operations didnothave "public aircraft" status. Travis County undoubtedly was conducting some "public aircraft" operations for which only somepart 91 rules applied. Butit was also engaging in compensation orhire flights -- for which part 135 rules applied -- and in which it was in competition with private sector part 135 operators. See the denial ofexemption for a summary of Helicopter Association International's comments in oppositionto Travis County's petition. Most importantly, because the countyused its aircraft for nomnilitary "public aircraft" operations and likely used the same employee pilots onthose flights and flights governed by part 135, ifall ofits public aircraft flights did not count as "other commercial flying" it arguably would havehad an unfair economic advantage over private sector providers ofpart 135 air ambulance services. iii. The Government PilotEmployee Who Moonlights As a Part 135 Pilot. Ifall public aircraft flying were excepted from being countedfor flight time limitations, it might encourage governmentpilots who do workfull time inpublic aircraft operations to moonlight for part 135 operators. Given that the requirement to count "other commercial flying" inthe flight liruitation rules is to protectpassengers from fatigued pilots, passengers and safety advocates mightwant to comment on a changethat would encourage such moonlighting.

### iv. Complexity For the FAA, Air Carriers, Air Carrier Pilots and Others to Identify and Adequately Document Which Governmental Flying Has Public Aircraft Status and Which Does Not. Because, as Complainant explainedin its Appeal Brief, not all flights by a 19

governmental entity have public aircraft status, any decisionto create another exception for "other commercial flying" could add a level ofcomplexitythat can make enforcement ofthe rules difficult. And some air carriers might argue that itwouldbe difficult for the air carriers themselves to gather the necessary evidence to demonstrate that any or all of the flights flown by a pilot employee

-- for the carrier itselfduring a contract public aircraft operationor whenthe pilot employee moonlights for a governmental agency -- served an essential governmental purpose under the "public aircraft" provisions ofTitle 49 ofthe U.S. Code. Pilots and air carriers might express concernthatto be able to demonstrate compliance with flight and duty limitations they are beingburdened with first determining whether anoperation has public aircraft status and then maintaining documentationto establish it. Expanding the exception from "militaryflying" to some or all "public aircraft" flying wouldtake something that is simple to identify and exclude andmake it far more complexfor everyone. Onthe one hand, itis fairly simple to identify "militaryflying" and sequester it out of"other commercial flying" because the pilothasto be serving in the military and flying aircraft for the military. That military flying canbe anything from combat missions to training missions to military transport missions. Onthe other hand, itis quite laborious and might require substantial documentation

-- imposed by the air carrier on the pilot and imposedbythe FAA on

### 20
boththe air carrier andthe pilot -- to prove and documentthat any particular flight for a Federal, State, orLocal Governmenthad "public aircraft" status.9



### v. The public interest inmaintaining the level ofsafety providedbythe flight time limitations for Part 135 and Part 121 Operations. There is no doubtthat public aircraft operations serve a public interest. The public may wantto comment, however, on whether there is a needto except some or all nonmilitarypublic aircraft operations from the requirement to count "other commercial flying," and evenifthere is value in making such a change whether it outweighs the level ofsafetyprovidedbythe current interpretation of"othercommercial flying" andits impact onflight time limitations. Additional issues thatthe FAA wouldhave to consider -- and the public might
comment on -- in any rulemakillg action to alter the interpretation of"other commercial flying" include whetherthere is a "national" interest innot counting any public aircraft flying as "flighttime" for purposes ofdetermining compliance with part 135 and part 121 flight time limitations and whether the public interests served by those public aircraft operations are onpar with the national public interest inpermitting "military flying" to not count as flight time for flight time limitationpurposes.

9 AIT carriers are subjectto record-keeping rules that require themto demonstrate thatthey are in compliance with the flight, duty andrestrequirements ofparts 121 or 135, as applicable. See 135.63(a)(4)(vii) and 121.683(a)(I). Thus, ifa carrierhas to have a recordto demonstrate that its pilots have not exceededthe flight time limitations, it wouldhaveto be able to demonstrate, for example, which "ferry flights" for the carrier were "tail-end ferry" flights that wouldnotbeused incalculating whether the pilot exceeded daily flighttime limits -- as opposed to weekly, monthly or armual flight time limits, for whichtail-end ferry flight is counted as "other commercial flying" inregard to flight time limits. See, e.g., Letter ofInterpretationto Mr. Donahue, from FAAAssistant ChiefCounselByrne, datedApril 9, 1993. Interpretation 1993-9 (WestPublishing). Similarly, an air carrier pilotwho moonlights as apilot for an oil company would be required to report that "other commercial flying" to the air carrier, and that "other commercial flying" wouldbe usedto calculate whether the pilotwas at, near or over flight time limitations inparts 135 or 121. For a pilotworking for a local police department, the task ofdetermining which flights hadpublic aircraft status andwhichhad civil aircraft status couldbe daunting and controversial. An air carrier might demand substantial documentation in orderto satisfy itselfthat some police flying is "public" while the remainder is not.

### 21
Consider the widerange ofactivities that are "public aircraft". Even wildlife management,10 is classified as public aircraft flying. Is wildlife management, bythe States or bythe Federal Government, thetype ofpublic interest that would be viewed as being onpar withthe national "public interest" in military flying, and thus would warrant exposingthose who paid for part 135 orpart 121 service (as payingpassengers or cargo shippers) to the added risks ofcumulative fatigue inpilots who had accumulated a lot of public aircraft flight time counting wildlife earlier inthe day? In 

### anyrulemaking, the FAA canexpectto receive arguments for and against any proposal to change the lawin orderto provide that some orall public aircraft flights ought not count as flight timefor purposesofcomplying withthe flight time limitations ofparts 135 and 121. II. TheRespondent ProducedNo Evidence to Support Its Affirmative Defense Thatthe Flights at Issue HadPublic Aircraft Status. As noted in Complainant's Appeal Brief, the Respondent failed to produce any evidencethat any ofthe LAPD flights in questionhad "public aircraft" status. See Complainant's Appeal Briefatpp. 17-23. IfRespondent had wanted to advance an affirmative defense that all ofhis flights had "public aircraft" status, then Respondent shouldhave provided such evidence and argued howeach flight was a public aircraft flight withinthe meaning ofthe applicable statutory definition andthe relevant FAA guidance material. Respondent could have, butdid not, argue thathis flights should be treated like militaryflying andthus not counted as flight time for purposes ofpart 135 flight time limitations. Therecord lacks any evidence that any ofMr. Smith's LAPD flying had "public aircraft" status. Respondent did not argue for the addition ofall public aircraft flying or policepublic aircraft flying to the "militaryflying" exception to "other commercial flying." Instead, Respondent's argumentmerely assumes that all LAPD flying is "public

lO"Public aircraft" flying is very broad. Itcan take in suchthings as wildlife management whereby some pilots accrne a lot of"public aircraft" flying tracking/counting herds orthinning herds ofwild animals. See FAA Advisory Circular 00-1.1, Government Aircraft Operations, datedApril 19, 1995 at page 7, which gives "Biological and GeologicalResource Management" as atype Ofaircraft operationthat would be considered a"Governmental Function" under the statutory provisions defining "public aircraft". An example ofsnch a public aircraft operation would include"

...counting wildlife from aircraft". rd.

### aircraft" flying and he argues thatthe FAA does nothave the statutory authority to impose any regulations onpublic aircraft operations. The argument fails because as articulated in Complainant's Appeal Brief: 22

1. 

### Itis a fundamental mistake under the statutoryprovisions (both now and in the past) to assume that all flying for a Governmental entity automatically has public aircraft status. 2. The FAA does havethe authority to regulate, and does regulate, some aspects ofpublic aircraft operations; and 3. The safety purpose in counting "other commercial flying" including all "public aircraft" flying, other thanmilitary flying, is for the benefit ofthose that use (as passengers or shippers) the services ofpart 121 or part 135 air carriers. Counting paid-for pilot time inpublic aircraft operations [other than military flying] does not advance the safety ofsuchpublic aircraft operations butitdoes serve the FAA safety purposes when suchpilots also fly inpart 121 orpart 135 operations. Conclusion Neither ofthe applicable legislative orregulatory histories supports that a change
to the long-standing definition of"other commercial flying" is appropriate in the context ofthis adjudication

.. Assuming, 

### arguendo, thatthe record contained evidence that one or more ofthe LAPD flights, that was the subject ofthis enforcement action, had "public aircraft" status, the lawcannotbe changed as part ofthis adjudication. Notice-and-commentrulemaking

### would benecessary. See AlaskaHunters, ATAv. FAA andParalyzed Veterans. Respectfully submitted,

# ~~ kJosephA. 

### Conte 

# tJ Manager, Special Emphasis Enforcement Enforcement Division, AGC-300 Office ofthe ChiefCounsel Federal AviationAdmiuistration 800 Independence Avenue, SW Washington, DC 20591 2022677381 23

### Certificate ofService

I certify that onthis date the origillal and two copies ofComplainant's Supplemental Briefinthe matter ofSun Quest Executive AirCharter, Inc., DocketNo CP08WP0004 were sentby certified mail, return-receiptrequested, postageprepaid, to: Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591 Attn: Hearing Docket Clerk, AGC-430 Wilbur Wright Building, Suite 2Wl000 Andthat a copy was sent by certified mail, return-receipt requested, postage-prepaid, to Arthur Wasserman, Esq. Wasserman & 

### Miller 16380 Roscoe Blvd. Suite 120 VanNuys, CA 91406-1221 Dated: March 7, 2011

# CIVIL AERONAUTICS

LEGISLATIVE HISTORY
OF THE 

## AIR COMMERCE ACT OF 1926 APPROVED MAY 20, 1926 TOGETHER WITH 

### MISCELLANEOUS LEGAL MATERIALS RELATING TO CIVILAIR NAVIGATION

RE\·'TSION 01" THE 1923 EDITWS Of' LA\l,' IvIEMOI{ANDA UPON CIVIL AERONAUTICS ; (Cj "/-.**~.-**

, -, r-,: f
-


### CORRECTED TO AUGUST 1,1928

PRINTED FOR THE USE OF THE CmUlITTEE ON INTERSTATE AND HOUSE OF

UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON

. 1928 COMMERCE

# <-r

- -

( 

## PREFACE

This compilation is a revision of the compilation entitled "Law Memoranda Upon Civil Aeronautics," prepared for the use of the Committee on Interstate and Foreign Commerce ot the House of Representatives in 1923 in connection with the committee'g consideration of the air commerce act of 1926. The revision consists principally in additional lUaterials setting forth the legislative history of the act, the State air navigation laws and Pan AIllerican Convention

_ on Commercial Avjation of 1928, and 

### in the omission of the annexes imd regulations under the International Air Navigation Convention of 1919.

The cOlUpilation is comprised of four parts: 1. 

### The text of the air commerce act of 1926, and committee reports

_ -and other materials relating to its legislative history.

-

- . 2.**Articl~** 

### and reports, together

_ with two**un'p~bli~hed** 

### C?nrt. dem-

-SlOns, relatmg to 

### legal probleIUS presented by Cl"') aIr 

### naVlgation. 3. Materials relating to State legisl!1tion upon civil air navjgation, including the text of the uniform State aeronautics law and a digest of State regulatory"legislation.

4. The text of the two international con"entions relating 

### to civil air navigation, which the United States has signed but not ratified.

The compilation has been prepared at the direction of the Committee on Interstate and Foreign Commerce of the House of Rep-

- resentatives and in cooperation with Elton 

### J. Layton, Esq., clerk of the colUmittee. The work upon the compilation has been done, under lUy general supermion, by C. Breck Parkman, clerk of the_ Housebranch of the office ofthe legislative counsel.

- - - ]REDERICP. 

## r-, Lerrisla:tive Ooumd, U1Iited States Senate. v



### ... '

# I OF THE STATES SENATE / {

. ';T":**~,--,** ..:.

- 1--.;-!'"



# I -"**~,,'-'**

'

# ....

CONTENTS

• - . "I I. Air Commerce Act of 1926

_____________________**::-....".._~-----------** (a) Text of act
__________________________**~~~~~**_____________ (b) Comparison of Senate bill and House amendmenL

________--: (0) Air commerce regulatlons

___**~---_----------------------** (a) senate report-
_____________________**~**_____________________ (e) IIouse report
____________________________________________ (t) Appendix to committee print of Honse reporL

_________ _ (u) Statement of the managers on the part of the Rouse

_______ (h) Extracts from article of**Fl~eric** P. Lee on the air**com~** meree" act of 1926 (American Bar ABsociation Journal, 1926)

______________:___________________________________ II. Legal problems relating to civil air navigatioD-

_________-..:..__ _ (a) Extract from the report ot the committee on the law of aeronautics of the American Bar Association (1922)

__...
, (0) Extract from the report of the'committee on the u.n.i!orm aviation act of the Conference of Commissioners on UIli, ..,...

### ........

Fa
.. 1 .: 1·

9 ·22 22" 29 

### sa 48"
53 T-62
..

62 form State Laws (1922)

_____________________**~**____ . 62"
. (e) Extract trom an address of Willinm P. MacCracken,**jr~,** to the First National Air" Institute (l922)

__c____c________ · ", 64 ,(d.) Article of,George G. Bogert on lIroblems in aviation laV(

. . (192:1)

## ------------'-0----------------"_.__**~**

## _________"
. 66 (e) Extract'-fxom the report of the committee on the law of

. aeronautics of the .American Bar'Association (1921)"__ : 97 (t) Court decUdons

______________**"~_~________________________** 100 (g) Extracts from article of**Fr~eric** P. Lee on the air domain

. ot the United States (1928)0__________________________ 104 III. State legislation upon civil air naviga:t!oD-

___-'

______..:.-_"

__

'_· 132 (a) Extracts from Department of Commerce abstract of State laws on aeronautics (1.928)

________ "_--'

____ "

_____' "'J.B2 (0) Extract from report of the committee of the amendment of "', ':- the law of· the .Association of the; Bar of the City of New York on the uniform. State law of aeronautics (1.923)

__' 1.42 '(e) Extract from the report of the standing committee on air law otthe :'AJ:nerlcan Bar·Aslloclatlon (1927)

___ . ____ 149"" (d) Extract from the report of the committee·on air lawof.the American Bar AssOCiation (1928}

______.:..____________ . ·150 TV. International agreements relating to civil 

### air navigation

____..:._____ . '155- (a) International Air Navigation Convention (1919)

_______**~**__ ' 155 (b) Pan American Oonvention on Commercial AYiation (1928)__ 170 m ":


### .. ,

### (

". , '., .-':



### ( I. :AIR COMM:Ell.CE ACT OF 1926 ".
- 

### .. -**~** "'.' (a) Text of act.**NOl'E.~The** air commerce act of 1926 was enacted May 20, 1926, as -.Public, No. 254, Sixty·ninth Congress, and will be found in 44 Stat. sa8: An Act To encourage and regulate the use of aircraft in commerce;' -and tor other pnrposes . Be it =teci:

# oil the,serTUde (lInd HO1J,8e of

### llepr~diwei ,oj

# iie llnited .state8 ofA.'llwrica in 00';1,re88 assembled, 

### That as ·used .:in 

### this act, the term "air commerce ' means transportation in whole or :in 

### part by aircraft ofpeisoDsoF**pi:o'peft~8;>..n'!'v'*~on** 

### oi'-airci'lrfr'"lll furtherance ofallUsmess,)Or na)'lgation,.

### (if,all"craft from 

### one }Jiltce to 

### another for**o~r!'tfo.l!PJ.tW~CQn<lum.pf,'ij:biis1iiess,** 

### As used in this"act, the'term ' interstate or foreign 'a,+ colIll!'erce" means liir co=erce between any**St",~Jerritory",9r.,possessIOn,** 

### or the District of Columbia, and any place outslae thereof; or between points withi!! tb", sllfll.e State,Territory, or possessi()u, or the DiStrict of Columbia

.. lljit**throu~h** 

### theairspace over ";Uy**pl~.Q.ntsid.~,**

### thereofI' 

### or wholly wlthmthe alTspace over any TerrltoryO!.,pO,¥",SSl9Jl·0l:·the District of Columbia:· .'.
....'" ,.,'.,." 1 ,,: , .'.



### . SEO, 2, PROMOTION OF AIR 

### OOMMEROE.-It shall be,the dutY,of'the"""

.

Secretary.of**Co~erce** 

### to foster' air .co=erce in'accordance With .," .the prOVlSlons of this 

### act, and for such purpose-· .. }
. ,'.'
... , (a) To**";Ucour~e** 

### .the es.t>:b.lishment .of 

### airports,civil ,airwa),!" and other aIr naVIgation facilities. .;..... , ':: '.".' ;'.' '.' {b} To.make.I:ecomme,?-dations

.to
.the**..s~cr!'ltary** 

### ,of Agricultnre as to necessarymeteorololecal serVIce.
. ,", .,. j'" COo ",
..",.. 

## <'. (c) To study thepoSSlbilities .for the.developl)lent of 

### .air,.rom-. meree and the aeronautical industry and trade in the United ,smtes and to collect and,disseminate information.relativ<\;thereto:.:udalso
as

# (drTa:~=!~::**B!~~~~1'**Standards

# a~oth~J:;~iferiJ~s .in th.e executive ;branch of.the Govermnent in carrying**;~orward** 

### such research ,and_dev:elopment work as ten(1s to create .lIDproved air navigation facilities. '. The. Secretary 

## ot Commerce,is**.·a~thorizeil·** 

### to transfer funds, ""allable for carrying out· the'purpqses 

## ofthis subdivision to ,any 

### ,iuch 'llfl'ency for c\,rryirig**£orwa~d** 

### such resea"fh IUld

.,development. ;\York, ill

.

### cooperatIOn w1th 

### the pepar.tinent

.. O:f 

### Coinmerce. ',.**,'>:':"_'~~"** ,.1'_'" <,'. '

. .: 

## ,:.",> ,;,. .-. ·,:"';.-",_.i :: 

# 1:':-

_ :",\,-"".;':;

.(e).Ta**in've~tigate,** 

### record, and make

### j:molic tue'caiises of.aCcidenw incivilairnavigati,on:ID theUnited States. ,',
.. 0<. "':.**~,'.,** ':
..



### , (f).

### To**exchange_witb'for~ign gov~r~erits:~o~h** **~~:gov­ ernmen~a1**  

### c]:tannels**lll~ormation** 

### pertammg to.clvil air naVIgation.

.. , ,:,: ,sEP.

# a.**~wA1pJi;t'WwimB.-,.** 

### The**Secre~aryo~** 

### O():ri:mierce !ililil,lqy**regU1atiori~'-" -,~** **·;:,:"~'~~7t.: ~**  '_I .:-**'~. -'""~** **-'-~:** ,-._."-**~'" ~-'~'<"'_**  -' 1 

### .• (a)

### ProVia~£'jMitgranting of

### registr~fib~;tt:'),;i;:~r~tfolik5bie ,for**registra~i?~** 

### I tli· 0**~er r~**  

### uests uch re'

## 'sttaHo**1:i)l'f():~r.(jpiIt** 

### shall**oeehg:I?~; or.regr~at~on**  

### (1) unless '",l)'**a1wilall"cl'fi~** 

### ,?'I\'lled bya c,tizen,**,orth~~Vmted** 

### St.ates 

## ani! :not regotstere{i**~d¢.r**

### .~.<:i' '\\"

### .~-.**~~;:; :~-i;_i(l_,.**  ..

### '~.**;k~**

# ;.'**"r;I~::** 

# .' ': / '.,::
. 0;:

### ~._ '
...:

### ~j~.<.;,:.;-.**:!5.~;·**i

## 4.:**'~l:li:f)'_.**

### 2 LAW**~IEMOllANDA** UPON Cpu, .AERONAUTICS ' the la,ws of any foreign country, or (2) unless it is a public aircraft of the**;Fed~r~l** Gover,?,:e?t, or of a State, ?-,erritory, ?r possession, or of a politIcal wbdlVislOn thereof. All aircraft registered under this subdivision shan be lmown as aircraft of the United'States. (b) Provide for the rating of aircraft of the United States as to their airworthiness. As a basis for rating, the Secretary of Comll!erCG (1) may req';lire, before the granting**~f** registration for any aircraft first applymg therefor more than eight months after the ,passage oithis act, full particulars of the design "nd of the ,calculations upon which' the design 

### is based and of the materials and methods used in the construction; and (2) may in his discretion accept ili whole or in part the reports of properly qualified persons 'emplOyed by the manufacturers or owners of aircraft; "nd (3) may 'require the'periodic examination of aircraft in service and reports upon such <lxamination by officers or employees of the Department of OOIl1IIl!'roe 'or by properly qualified private persons. The Secretary may accept any such exumination and report by such ,qualified persons in lieu of**examin~tion.** by the employees 

### of the Department 'of- :Commerce. The qualificatIOns of any person 'fat thelurpases 

# 'or this section shall be demonstrated in a manner specifie by and

, -satisfactoryto the Secretary. The Secretary may, from time to time.

're-rate'"ircraft as to their airworthiness upon the basis of informa- ,tioli obtained nnder this subdivision.

. - . (c) Provide for the periodic examination and rating of airmen 'servingm connedion with aircraft of the United Stutes 

### as to their, 'qualifications for such service. (d) Provide for the examination. and rating of air navigation facilities Rvailable for the Use of aircraft of the United States as to their suitability for such use. ' ',';,
. ,''Ii

- " '. ",' "'-(e) ,Establish .air traffic rules for 'the navigation, protection, and identification 

### OT aircraft, including rules as to 'Safe altitudes of 'flight and rules for the prevention, of collisions between'vessels and 'aircraft"'"

.

. (f)Pro'videfor the issuance and

-expiration, andfor the suspension and re:vocation, of registration, aircraft, arid airman certificates, '1IlldSlich"other certificates as the Secretary of CommerCe deemi3**n~a'.1.** l?':"dministering the f?nctions vesre.d il.' him under this -act. Wlthm 20 days'after not,ce that applicatlOn. for any 'cer- ' 

## -tificareis dellied, or that 

## a certificate is suspended (ltrevoked, the

. applicant 

## or holder may file It written request with the Secrefut::y

of Commerce'for a public hearing thereon. The Secretary' '
. receipt,oithe request shall forthwith (1) 'arrange fat" ' hearmg 

### to be held within 20 days after such receipt in "-_.'_,. -,,"'c 

### -'lis"the 'Secretary deems most ,practicable and**~. o~1Te.m'mt.11l**  , of the,place of residence of the applicant 'or holder .and '

-**wh~r,;.eVidence** 'bearingon the cause for the denial,**_~vopatiiin;islllost.**readily ,obfa:inable, and 

### (2) give**th~** 'or'liolder "t'least ten days'notlce'of the hearmg,llliless hepfu,g.is**con~ented** to by him. No.tice under this**su1)diviSio~I':1I'taY.~·.··**

### b~.~<id;per:wnruly upon the applIcant or

### hOld,:~e~:r:~.**E~:~~_~,r~r]~** teg"lSterep.,mail. The Secretaq, or any**offiser:~:** . _;Departrrlent of Co=erce d€!Slgnated

## 'bYhun:lllt~~~~~i'l!l!!i~;]tf 'purpose; may hold any such t,earing and for the' administer oaths, examine witnesses, and issueON. 

### s . it is a public aircraft :-ritary, or possession, raft registered under ,e United States. e United States as to ,e Secretary of Com-

, registration for any ,ht months after the 'gn and or the ,calcuof the materials and lay in his discretion orly qualified persons ircraft; and (3) may 1 service Rnd reports :s of the Department persons. The Secre- )ort by such qualified os of the Department son 'for the purposes mer specified by and 

### lY, from time to**tim~~** the basis of informa-

. nd rating of airmen tedBtates as to their· lIS 

# r . - navigation the 

### <1' States as itio..... A'otection, and "00 'sal'e altitudes of s·between·vessels and ;'and for the suspenid'airman certificates, of Commerce deems ld"jri'him under this ication

.for any cernded or revoked, the 

### t with the Secretary The-Secretary'upon "range for' a public receipt in

.such place 

## r ,- convenient 

### in view holder,imd the place**~eD.ia1~ ~** sUspension, or O)iive,the appliCll;nt mg,<Iriless an earlier this supdivisionmay older: (>t.'sent.him by i**oN)m~lo'yee** of the linwnting£orthe the purposes thereOf**~e** subpCBIlas .for the .' LAW JliEMORANDA UPON OIVIL AERONAj:JTIOS attendance and testimony ·or witnesses, Or the production of. books) papers, documents, and**?th~r.**evidence, or the**takin5mi~j~epositions** . before any. de:sIgnated mdIvIdual 'competent,to a tel' oaths. Witnesses summoned or whose depositIOns are taken shall receive the same fees and mileage as witnessesjri courts ofthe UnitedStates. All evidence taken at the hearing shall be recorded and forwarded to the Secretary for decision in the matter to be rendered not later than ten days after .completion of the hearing. The. decision of the Secretary, ifjri accordance with law, shall be final. The denial, suspension,

.or revocation ·sha11 .be invalid unless opportunity for hearing is afforded, notice served or sent, and decision rendered within the respective time:s prescribed by this subdivision. " SEO. 4. AIRSPACE RESERVATlONs.-The Pre:sident is authorized to provide by Executive order for the setting apart and. the protection of airspace reservations in the United States.for national defense or other governmental purposes and, in addition, in the District of Columbia for public safety purposes. The several States may set apart and provide for the protection of necessary airspace r.eservations in addition to and not in conflict either with airspace reservations established by the President under this section or, with any civil or military airway designated under the provisions of.this. act. SEC. 5
. 

### .AIDs TO AIR NAVIGATlON.'-(:i) Whenever at.an)' timeihe Postmaster General and the Secretary.of Commerce by Joint 'order so direct, the airways under the jurisdiction and control 

### ",fi.the c· Postmaster G<lneral, together with all emergency Janding£elds;and .' other air navigation facilities (except airports and terminallaI).ding, fields) used in 'connection therewith, shan be ·irans:ferred"to ,the-- jurisdiction and .control of the Secretary'of Commerce;,aridnthe

.**establishe~** Il;iryorts and terminal landing

.**.f!.el~** !'lay be**·trans:fmt<l~** " to the junsdIctlOn and control of the muruc'pal,tiesconcerned'under arrangements subject:to approvalbythe President. .All:unexperided balances of appropriations which are available for and which have been allottBdfor expenditure upon such airways, emer.gency]anding fields, andotherllirnavigationfacilities, except airportsarid terminal landing fields, shallthereupon be available for expenditureuiIder:the ..• direction of the:S,,!,retary of Commerce; in lieu of the<Postmaster General, for the purposes for which such appropriations'weremade: No.part of such unexpended balances ofappropriati(>llsi;shall,be used for tMpurchaseor.establishment ofairportsorterminaHanding fields. ' .
... :: - ., ,-,,; . ; ""'"':
..'''''
. (b) TheSecretary;'bf;Commerce 'is authorized

# to desigiiii.te ;and-

# V e:stablish civil airwa;rs "and, within the limits'of available

## ·appro,. .'**priatio~ h~reafterniade**  bythe Congress, 

### ,(1) 

## 0**e:sta~lis~, oper~;,**  and mamtamalorigsuch, aIrways all necessary ",r naVIgation 

### facili· ties except airports';'and (2) to chart such airways .:a.nd'jRrDange for publication of maps of such airways, utilizing' tlie'facilities

.. nd assistance;of ';risting.: agencies of'the Government'so',far;**"S'PI'&C~** Cable.'

..The:SeCl'etary.iofCommerce'shall grant'no .exclusive"right

. '
. J-y.<""::;_.'
.. ..,

### ( 

# . '. -,0**~:** ; i 

# ;\

I 

# I 

# 'I -1 i 'j



# I
, i 

## 4 

# I LAW :MEMORANDA TIPONCIVIL AERON¥UTICS. for the use of any civil airway, airport, emergency landing field, or other air navigation facility under hisjurisdiction.

. "
..' " ".' (c) Air navigation facilities owned or operated by the United States may be made available for public use under such conditions and to such extent as the head of the department Or other independent establishment having jurisdictiqn thereof deernsadvisable and maln by regulation prescribe. .; . (d) The head of any Government department or other independent establishment having jurisdiction over any airport or. emergency landing tiBld owned or operated by the United States may provide for the sale to any aircraft of fuel, oil, equipment, and supplies, and the furnishing to it of mechanical service, temporary shelter, and other assistance under such regulations as the head of the department orestablishment may prescribe, but only if such action is by reason of an emergency necessary to the continuance of such aircraft on its course to the nearest airport operated by private enterprise. All such articles shall be sold and such assistance furnished at the fair market value prevailing locally as ascertained by the head of such department or establishment. All amounts received under this subdi-vision shall be covered into the Treasury; but that part of such amounts which, in the judgment of the head of the department or establishment, is equivalent to the cost of the fuel, oil, equipment, supplies, services,shelter, or other assistance so sold {)r furmshed shall be credited 

## to the appropriation from' which such cost was paid,

.and the balance, if any, shall be credited to miscellaneousreceipts.

....... .. r

.. (e) Section 3 of the act entitled 

### ".An act 

### toincrease the efficiency and reduce'the expense of the Signal Corps of the Army, and to transfer the Weather Service to the Department ofAgricnlture,"**~ppro-ved** October 1, 1890, is amended by adding at the end thereof a new:paragraph to read as follows:'

.... :: ..... "
.. 

### <:. :"::'
... " :,"Within·the limits ofthe appropriations whichmaY:'bemade'for such purpose, itshall be theduty of the Chief oitheWeather Bureau, under the direction of theSecretary of Agriculture,. (a) to·furnish such weather reports, forecasts, warnings, and advices as may be required to promote the safety and efficiency of air.navigation in the United States and abovethehigh seas, particularlyupon civil airways designated by the Secretary of Commerce under·authorityof law as routes Suitablefor air commerce, aIi.d (b) for such purposes;to obserye,**measu~e,** andinvestigate ,,:tmospheric phenomena, and estAblish meteorolOgIcal offices and stations.'

. " ,'.(f) :Nothing in this act shall·be.construed·;to prevent.the Secretary of.War from.desiguating routes inthe navigable airspace as,military airways and prescribing rules and regulations·for·the .use thereof:on routes which do not coruorm to civil airway's est.ablished hereundei, or,to prevent the Secretary of Commerce from -desiguating any mili-. taryairway .as a civil airway;:and ,when so designated it shall thereupon,become a.civ¥ airway within.the meanlligof.this'.act,.a,?-d the Secretary.of .War IS hereby. authorIzed to contl1lue the operatIOn of air navigation facilities for any military 'airway'So·designated asa civil airway·until such time lISthe SecretaryofCommercecanprovide for the operation of such facilities.· .' ". , ... -..·.·'0·.·:,· -;'
.. ,;:; '.- ' ,-SEC. 6. FOREIGN**AIRCRAFr.~(a)TheCongresii** hel'eb:Y'declares·that .the Government of the United States has,-j;o

.the eXclusion ·of',all foreign nations, complete sovereignty of the airSpaceover the

## "l;masme I landing field, or isdiG

..**_~J-l.** r operated by the United use under such conditions iepartment or other inde- " thereof deems advisable tment or other independent my airport or emergency Jnited States may provide oipment, and supplies, and !e, temporary shelter, and ;he head of the department such action isby reason of ,ce of such aircraft on its rivate enterprise. 

### All such ,rnished at the fair market

. the head of such departved under this subdivision ;hat part of such amounts. e department or establishI, oil, egnipment, supplies, or furrushed shall be**cred~** oh cost was paid, and

..the aneous receipts.

.**~** to :increase the efficiency )rps of the Army, and to partment of.Agriculture," ><idj: t, the ena thereof s 

### (

. 18
. may: 

### be made'for' iet "Weather Bureau, .griclllcure, (a) to furnish s, and, advices as may be cy of air.navigation in the ,icularlyupon civil airways under authority of law as Jrsuch'purposes.to observe, omena, andestltblish mete-
. 

### ,a to prevent the Secretary igable airspace as military ions·for the

..Use thereof on 'ays ,established hereunder, 'rom designating any mili-

. ) designated 

### it shall there-**,.,niIi~** of this act, and the continue the operation of airway so designated as a 

## rofCo=ercecanprovide -.,.'." :':, " igresS herebydeclares that ,s;.tn
.the·exclusion of'all 

### he airspace over thelands 

# It :"t 

# \, .4--.'"

LAW MEMORANDA UPONCrvn. AERONAUTICS 

### 5. and waters ofthe United States, inCludingihe Canal Zone. Aircraft a'part of tbe arn;ed forces of.any f?reign natIon sh.ILnot be**na~­** gated in the Umted States, mCluding the Canal Zone, except m accordance with an autborization grjLnted by.the Secretary of St,:te, (b) Foreign aircraft not a part of the armed forces ofthe**for~lgn** nation shaU 

### be navigated in the United'States only if authorlZed as hereinafter in this section provided; imd if so authorized,

.such aircraft and airmen serving in connection therewith, .shall be subject to the requirements of Bection 3, unless exempt .1lllder subdivision (c) of this section.

. '" ....; .. '. ;,i· 'e" (c) If a foreign nation grants a sinillar privilege in -respect of aircraft of the United States, and/or airmen ·serving 

### in,coimection

. therewith;the' Secretary of Commerce may authorize.aU-craft registered under the law of the foreign nation and 'not a part of.the armed forces thereof to be navigated in the United States, and may by regulation exempt such aircraft, and/or airnien serving :in.coweetion therewith, ;(rom the requirements of section 3, other thanthe air traffic rules; but no foreign aircraft shall engage'in interstate ,or intrastate 

### air commerce. - ',,' i:i-';

..,!" :-:;:'1 SEC. 

### 7. APPLICATION OF EXrsTING LAWS-RELATING '],'0 FOREIGN COM,. MERCE,- (a) The navigation and shippinglaws of.theUnited States ; including any definition of " vessel" or " vehicle"·found,therein and .• :including the rules ior the prevention of collisions; shall,;not,.be construed to appll toseaplanes or other aircraft {)rwthenavigation ofvessels inrelatlOnto'scaplanes or**otheraircraft.~'** ,-,;c.",; "",'.,,7.')

, (b) The Secretary of the Treasury is'authorized to (1)**desi~ate** placesin the United States as ports of entryfor civil aircraftarrrcing in the United States from any'place outside'thereof ;and '.for, merchandise carried ·on'Such'aircraft,

.(2)-detail,to ports'of·entry,rror civil aircraft sucboffieersand employees,ofthecustomsservice .ashe may deem llecessary, 'llnd to confer orimpose'"1lpon.,any,bfficer;or employee of the' United State;;, stlitioned,at.any such port of entry (Wlth the consent ofthehead ofthe Government deJlartment'or. other independent establishment under whosejurisdictlOn'ithe officer.·,or employee !s serving)'ianJ'; of the powers, 'privileges,orduties 1C?Uferred or nnposed upon'officers or employees of the customs .serVlCe, 1lDd (3) by regulation'w provide for .theapplication to civil··air navigation ofthidaws;and.regulations relating to·the administration

. 6f the customs and.pnblic healthlaws 

### to such extent and ,npimosuch

. conditionBi8:s,hedeemSnecessary'.-, ',:. r;**~**•.**,:,->'J.".:,}~:;<;.',,;!:** {)jh:;-,-·· (c) ThelSecretary;oLCommerce is 'anthorized';by':regulation,;oo provide.:for tbe,application;tocivil aircraft·pf.tnedl>ws ;and'regull><- tions"telating"

## to the eIitry>

..,an:d clearance, of[vessels;

### to'such-extent

.and upon such conditions as'he deems necessary.**..~** 

## .'< ;".,,::; ;,!, c .(d) TheSecretary.·of;Labor is authOriZed 

### to (1) designate-,8ny of the'ports of;entry;for ciVil aircraft 

### as ports 

### ofentry forjalienB arriving by· au-craft;£:(2)',detail·to-such .ports of·,entry;.such,c6fficers and employees of1Jleimmigration service'as.he may**dee~** necessary,

. and to:confer ·.or·,nnpQse,;.upon anY!'lllployee ;of·the iUI\lted Stlltes

.

stationed at such port of entry ,(vilth"the:consenLorthe;head·of the

.Governmenhdepartment',.or other "mdepel!dent:,est!lblislnnent under whosejurisdictiOlitheofficer or employee 

### is serving).:any·ofthe powers,priVlleges, or d"ties 'conferred orinlposed upon officers ,or employees of the"mmigration service, and (3) by regnlation' 

### to

.' . .(



## ( 

# , i \

# ~ 

# i

,. . 

### ,

i 

## i l 

### 6 LAW·'MEMORANDA UPON ·oriTh ·AERONAUTICS provide for the application to civil air navigation of :the .laws and regulations relating to'the ailministration of the immigration laws to such extent and upon such conditions as he deems necessary. ''. ,..

SEC. 8. ADDITIONAL ASSISTANT .sECRETARY OF. COM:J>fERCE.-'-.To .aid the Secretary of Commerce in fos:tering air commerce and 

### to per· form such functions vested 

### in the Secretary under this act as the Secretary may designate there shall be an additional Assistant Secretary of Commerce, who shall be appointed by the President, by and with the advice and consent of the Senate, and whose compensation "hall be fixed in accordance with the classification ·act of 1923. 

### Except as ;otherwise· specifically provided, the Secretary 'ofCommerce shalladm.inis:ter the provisions of this act, and for such purposes is authorized (1) 

### to make such regulations asareneees.ary 

### to 'execute the functions vested in 

### h.im by this act; (2)'to make such expenditures (including e>'l'enditures for personal services and rent at the seat of government and elsewhere and for law books, books of reference, .and periodicals) as may be necessary.for such adminis.- ·tration and' as may be provided for by the Con"OTess from time to · time; (3) 

### to publish from time to time a bulletin setting forth such matters relatingtothe functions vested inhimbythis act as he deems

. advisable, inCluding ,ur.·navigation treaties, laws, and regulations and decisions :theremider; and (4). to operate, and forthis ·purpose 

### >to acquire mthin thelimits ofthe available appropriations hereafter
· made by the'Congress, such aircraft and,air navigation :facilities.

except airports, as arenecessary for exeenting the functionBvested in the·.secretary of Commerce by this act
..:.... .'.;,; ,',': 

# '::.,1:**:,:;~:):ih~~citi~en~~ ~i~~s** **S~,;,~e.m: {i)~~L**  -vidual who**~** acitiz<;"iofthe**United~tates?r ~ts.** **possessio~.**,arc 

### (2) a partnersmp,of which each member,.ls an rndiVldual who 18c a .'Clti, 'zen ofthe United**States'o~** its 'possessions, or.(3) a corporation,or 'association created Or.organized:in the United ·States or'· under ,the -law 

### 01' the United .states·or of.- any',State,'Territory, or possesSion thereof, 

### 01' which the president'andtwo,thirds or more of the,board of directors or .other'IDanaging .officers .thereof, as·the case.maYioo, are individuals wholU"e citizeus of the United States,iOrlcitSopos. "Sessions and in which 'at least 51 per centum uf the votiriginterest 

### .is Controlled by :Persons who:are,citizens of the United States:ordts possessions; ,:c : "'. .,' '... '.,' '"
..; ..'
. . '.
. ., .' c·,,;.': "',; (b) Theterm" United States," whenusedin·ageogi-aphical8ense; ·meanS theterrifuryComprising the several States,',Territories, 'possessions, ,and ·.the·District·ufColumbia· (inclnding the' territorial waters thereof), and ,the overlying itirspace; but shallilot·include ·the Canal Zol1e. ."
.......;., '''':,.' '" .',
...., .",,", .; ..." 'ii,(c)'The term**~** aireraft.".;ineans any contrivance now lnioWD:or ;hereafter invented, used; or designed'for navigation of or ilight :in the 

### 'iiir,' except.a parachute 'or other contrivance .designed for'.linch navigation'but 

### used prlmarilyas safety.equipment.··**,c.~«.J'i:::'** hc" '".,.(d) ·Th",·tern{'''public·,;tir.craft'' meansian ,aircraftjused:.:excluSiveIy·in·the'·governmentarsernce. ',.",.
. 0',. ;" .' ."."",)., .( e

# r**T~e**'.term. 

### "sJ;YiI**cai~craft" m~ns**  any"aircraft other ,than"

.. pubhc Rlrcraft.· "i"; '.'" """ •. ::.," '. i','f:>

. ";:.;:..:; .. , . ',.' "i"-.::·;; ::;r '_,1 -., 

## ":Ln.;;

## ,:~**::'~.j;'~>~ ;~':~~** **L'~;':;~~0,;~~f"~~~:t/-l~:~~;~'~;'~;~~1~;~~'** c;**-\~**

..'-,-"

### ...**~**.. r 1 

# • 

# ,**~** 

# , (gal ' the laws and f**th~** -illligration laws

, deems necessary. ' OF COMMERCE,-To aid

, commerce and to perf under this act as the iditional Assistant Sec- ' ,d by the President, by :e, and whose compensaiassification act of 1923. the Secretarv of Coms. 

### act, and for such pur- !:ions as ar.e necessary to : act; (2) to make such**~rsonal** services and rent Id for law books, books essary for such adminisc

Congress from time to llletin setting forth such n by this act as he deems ;, laws, and "regulations .te, and**~or** this purpose appropnatlOns hereafter 

### ELir navigation faciLities,

. g the functions vested 

### in',

# ~"means (1) an

# ~(**~r**

# t+**'lSessio~,or** 

### < 2) 

# m" I who IS a clti-**~** 0] ;t. corporation o-r 

## Lw.. .tes or under the 'Territory" Qr possession " rds 'Or more of the board ' ,eof, as the case may 

### be fnited States or, its**po~** un Qf the voting interest 'theUnited

### States or its d. in a geographical sense, ,.Stat":,, 'Territories, posmcludmg' the territorial ,C/)j but slllllLnot include ritrivance now' hown or laVigation of or flight in ivance designed for such uipment., , ' jean aircraft 'used. exclu- "}.,JJ

### nyl"ti~craft other than'" ,-,-' ., . . ,Z· '.-**_~** .'

.**c~** 

### <,cf:: '

..' "(f) The term"'**9.~rcraft~fthe** United:States**"me~anyaircraft** rc>!istered under thIS act. ,,' ", ,,:-:,"

- : "**,,"~:l"':** ,-" 

### ....

'(g) The te:rm "airport",means'a.!!'Y**locality,~itherof,w":ter,.or** land, which.;s adapted for the landing and.,taking Q:Ii**'o~**..alrcr":ft and which'provides facilities for shelter, ,supply, and rel?aIr of .alrcraft; or a place used regularly for receiving or dischargmg passen-" gers or cargo bv aIr. ' :',,': " (h) The term "emerge,,:,cy.landing field" means. any**lo~ty,** either of water or land, whIch IS adapted for the landing and talting off of aircraft, is located al.ongan airwar, and is inteJCmediate:to airpor!", connected by the aIrway, but, whIch IS not**eq~pped** WIth facilitIes for shelter, supply, .and repaIr of aIrcraft and 18not**us~d** regularly for the receIpt or discharge of passengers or cargo by aIr. (i) The term"air navigation facility" includes any airport, emergency landing field, light or other signal structure,. radio,**dir~~tional** finding facility, radio or**oth~r** electrical comm:nucatio.n faei!,tYl and any other structureQr facIhty, used 'as a,,:, ald to ,all' naVIO'atlOll. .; '.. .' .",
. ".. .: . ) 

## (i)**Th~** term "civil airway" means a route in the navigab!e'idr space deSlgnated by the Secretary Of Commerce as a routeSUltable, for interstate or foreign air ·commerce. ,::,'**~r** (k) The term "airman" means ';any individual (including,.the

,yerson in command and any pilot, mechanic,Qr member of the crew) ,

who engages in the navigation 

### of aircraft while under way, and any , individual who is in charge of the inspection, ,overhauling, or 

### repairmer of aircraft. 1
... ,; ,-:**.-~.** .:" i":;"

. . .**~:** ;":,.:(

SEC. 10. NAVIGABLE AlRSPACE.-As used in this act, the term""naVi.:, gable airspace" means**airspa.c~** 'llbove -the, minimum safe**-alt~tudes** of flight**pres~ribed** by the Secretary .of0?mmerce unde,,'Se?tlOn'Si and suchnaVlgablealrspace'shall: 'be 'subJect ·,toa public, nght>ot ireedoITl of interstate and foreIgn air navigation in con:formity:Witli the requirements o'f this act. '!"Ci',**~ ':""~"',rd~**  ," ('< '

..**':.;:~** _I "5.:15**~** .- 'SEo.ll. :pENALTIES
. ...:...(a) ItshallbeUJilawfuJ, exceptto thece.xteD.t

.authorized or exempt under section:**~** _. :""" '(1**.t~.t;.d** .

, : (1) To navi,rr.te any aircraft 'within any' airspaee reservafuin" otherwiSeiIlan in conformity with the :Executive orders**r~gulatmg** .',**';;;~'qL~",**

# :i~~~~~~~~ii~i~~~:~~~~~~;~~1~**:i·rcr~~,;i~~iY** 

# -

,iaircr"ft, , wi.th,)ut an airman certificate, 01' ,in terms.;oi'1mY , such certificate. ," :0),' ""',: 'F' 

# '''''U'."

, (5) To pByjgate any aircraft otherwise,,than in conformitY 

### .'with the air trafficl1iles. 

## """",!, ""',::," )":,,,' .""

.. " , ..-: ','l,:, :"_ ' ", (b). Any**.personwh,~ ~('l:)** ,:v;,olatesany·provisio!1--o.f ' of:this section or 

### any

### 'etitry':oi' clearance regulation tion 7, 'or (2).any,customs,,OrJpublio healtl'i T

### (

r-" 

## L y 

### 48 LAW MEMORANDA UPON CIVIL AERON.!UTICS S"arION 15' / This section provides that this act shall take·effect upon its passage, except that no penalty shall be enforced for any violation ofthe act occurring withln 90 days after the act is passed. (g) Statement of the managers on the part of the Ronse.

NOTE.-'.rhe managers on the part of the House at the conference on the disagreeing votes of tbe two Honses on the amendment of the House to the bill as passed by the Senate submitted the following statement which appears at the end of the COnference report (House Rept. 1162, 69th Cong., 1st Sess.) : STATEMENT OF THE MANAGERS ON:THE PAR"I: OF THE HOUSE The managers on the part of the House at ·the conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (S. 41) 

### to encourage and regulate the use of aircraft in commerce, and for ·other purposes, submIt the following statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report:

The House amendment struck out all of the Senate bill after the enacting clause. The**S~ate** receded from its disagreement to the amendment of the House .with an amendment which is a substitute for both the Senate bill and the House amendment.

The essential differences between the Senate bill and the House amendment may be enumerated as follows: '".1. 

### Registration.-The Senate bill .restricted compulsory registration to aircraft.en!jaging in interstate and foreign commerce whether or not in the naVIgable airspace. The House· amendment covered all air navigation·in the navigable airspace, whether in interstate or intrastate commerce, _ -and whether.coriunercial ,or noncommercial. The substitute requITes the· registration of. aircraft engaged in the following classes of commercial Air navigation:

. .. (a) The transportation in interstate or foreign co=erce of persons or property for hire, either in whole. or in part by aircraft, whether or not the air·portion of the transportation is interstate or !oreign or is**intras~t":** The trallSJ:l0rtatio!,- of property for hire mcludes the transportatlOn of the mails by aIrcI"lfft.·

. (b) The interstate and foreign navigation of aircraft in furtherance of a business, as, for instance, the transportation of factory products from the main plant to a branch office, or the use of aircraft by salesmeIl or insurance agents or professional men while traveling upon business. The clause, of.course, would not cover the use of aircraft for the purpose of transportation from home to office_ The clause would have no unreasonably restrictive application 

### to fligbts for scientific or experimental purposes in furtherance of a business, for the reason that such flights would not ordinarily be interstate or foreign, but· would be conducted wholly within the linlite of one State.
. (c) Theinterstate Or foreign navigation of aircraft from one place to another in the operation or conduct of a business. Tbis clause would cover the gypsy flyer and the exhibitor at county fairs if he navigated his aircraft from a place of exhibition in one State to a "lace of exhibition in another State, or from a place in one State v. a

# r\**~nON**A'UTICS

takB effect upon its pasel for any ..iolation of the passed. 'he House. lse at the conference OIl the ment of the House to the bill atement which appears at the**~9th** Cong., 1st Sess.) : PART OF THE HOTISE

, at the conference on the atnBndments of the Senate.· latB the use of aircraft in the folloWing statement in Bed upon by the conferees mference report:
. fthe Senate bill after the m its disagreement to the ment which is a substitute. .endment

.. 3enate. bill and the·House 

# ·i';/ npulsory.

# registra~· ..

. I, .commerce whether HOh-_ amendment covered ce, whetber in interstate or· lercial or noncommercia..1. of· aircraft ·engaged in the**~ation:** . r foreign commBrce 

### of per- .ole or in part by aircraft, msportatiOll is interstate or ;ation of property for hire by aircraft.

. .. .tion of aircraft in furthere transportation. of iactory· och office, or the use of airor professional men while ,course, would not cover the 'ortation from home to office. Iy restrictive application to urposes in furtherance of 8
. hts

.would

.not ordinarily be onducled wholJy within ·the

.. lon of aircraft from one place· t of a business.. This clause rhibitor at county fairs if he .exhibition in one State·to a )r from a place in· one State



## .. . 

# (

. ./. LAW MEMORA.NDA UPON CIVIL AERONAUTICS 

## 49 where he conducts intrastate**tr~nsportatiori·** for hit". to a place· in another State where he**cond~cts** mtr.astate transportatlOn for hire.

Under both the Senate bill· and the House amendment aircraft

. were eligible for registration only if owned by citizens of the Unite.d**S.t~tes**.. Under**~e** Senate bill a corporation was deemed to be a ptlzen If two-thIrds of**th~ ~tock,**  whether voting or nonvoting, was owned by Umte.d .Sta!es CltIzens. The House amendment provided for.such reglstratlOn III case of a corporation ii 51 per ·cent of the V'?tlllg stocl: is controlled by citizens·of the United States
.. The subshtute reqUlres 51 per cent of the voting stock to be controlled by citizens of the United States.
. '.
.

### Und~r both the Senate bill

### an~ Ho,!se alnendment aircraft eligiHbe ' £o,r reglstratlOn COUld. Ob,tam :.:eglstratlOn even thoug

..h n

.. otTequired 

### to d?

.so by the pen,,:lty provlslO'.'S. The substitnte. retains this p - Vlsl.on, t?gether WIth the r Ulrement th t an' . . g reglStratlOn, wh£.J;hec..Qr noLEegmre to**~ ~r+**  nlUst.conform·

### to

### !f:,::~iffions as

### t~.**alrw~rt~~~nd** as to the certification

### ~

'.2, 

### Bati",!! of**aircraft.~The** Senate bill provides for the inspection of each aircraft before it is used 

### in interstate. or foreign commerce and the certification of its condition, capacity, and safety at the date ofinspectio,?-.**Furth~r,** from.timeto time thereafter.the Secretaryof Commerce lS authorIzed to mspect and test the.aIrcraft· as to 

### its .Cc airworthiness

..Th.e:Honse**amen~en~** authorized the Secreta:y of qommerce t<:?**p~oV1de·:for the.examm~lOn**  and.ratmgupon**re~st:a"** ti()n aOld perIOdIcally thereafter of regIstered aIrcraft

### 1lSto theIr Rlr"**~orthllless**.. The HoUse amendment would not require the examinatlOn to be made byofficers of the Government. Thesubstihlte requires tlJ-e Secretary to**p:ovi~e** for**t~e** examination and rati?-g ofregistered li.lrcraft as to theIr, !l.rrworthmess

.. It further·proVldeSspecifically: that the Secretary may require periodic examinations to be made 

### ·0£ aircraft in servicelUld reports thereon either by officers or employees of the**Departme!,~** ,of Co=erce or by properly qualified private persons.. In addi!lon;the Secretary may; in his discretion, accept as a basIS for rabng the reports of properly qualified persons empfoyed by mannfacturerS or·owners of aircraft, and after the 

### first elght :",onths after.the passage of the .act, may denyregistration 

### to any aIrcraft applymg**theref~>r** unless**~l"particnlars** of the design'- andthe**calculatlOn~** upon whIch the deSIgn IS based and the materials and methods used m .the construction ar£ furnished 'hiin.·The Secretary.may, iro:", tiJrie 

### to tinle,rerate..aircraft upon the basis· of the above mformatlOn.·,,'.'

. . . .., ':
.. , .' ·3. 

### Ra:ti11f1 of**ai1~en.~The.Benate** bill authorized the SecretarY'oi Commerce to examllfe. and de!ermine the qualifications of individuals to**~erve** a,s**alr~en _u~on**  ·.or 1n ct;>nnection 

### wif11 

### any aircraft:**~ ~e**  . Urut.:d**~tates-** .The.,Honse'
..**~ndment,**pr.oVlded A'o!,**the:peno~c examlll~tlOn**  of·any auman.servlllg upon orlll'connection·W1th'.regu;- tered alfcraft

.. The' substltnteadopts the.provision 'of"the:lIoUse amendment.' , ;--.<"" " : . ", . - . "," ,,: ., , -, ......

### ~ 40. Rating

## olai.r**"fi'lJifra:t~n** fqdJitie8:-;",/J;he Ho;"e

### ame~d~ent**pro~** v;ded for the**penod:C'BX~atlOn** andrating**o~ ~ir'Ilavigation**  facill: ties.. The Senate bill contamed no ,sjlch 'l,rOVlSlon.

.The 'substihote adopts the Housejll'nviSion except that'SUchexaminatiom8D.d;rating need not be periodic.

.

### ( .'\'

, 

### " 50 LAW -MEMORANDA UPON·Crvn. AERONAUTICS 

### 5. Air traffic rule8.-The Senatebill pvovided the S!lcretary should' establishael'lal traffic rules for 

### the manner of navigating and**oper~** ating civil aircraft in intersta,te or foreign**com:iru::r~e**.. The ,I{ouse amendment provided that the Secretary of Comn)erce shall by regu-. lation establish air traffic rules for the navigation and protection of aircraft in the navigable air space or waters of the United States, including rule,S for taking off and alighting, signal rules for, land and water structures, rules for safe altitudes for flight, rules,for identification and marking? rules for maintenance of log books, and rules for prevention of colliSIOns between vessels and aircraft. . . The substitute provides that the Secretary shall by regulation establish air traffic rules ,for the navigation, protection, and identification of all aircraft, including rules as to safe altitudes of flight and rules for the prevention of collisions between vessels and aircraft. The provision as to rules for taking off and -alighting, for in?tance, was elilninllted as unnecessary spec.i.£cation, for the .reason that such rules are but one class of air traffic rules for'the navigation and protection of aircraft. Rules as to·marking were eliminated :for the reaSOn that such rules were fairly included within the scope of air rules for the identification of aircraft. No attempt is made by either the Senate bill or the House amendment to fully ,define the varioUB classes of rules that would fan within the scope of air traffic rules, tL. as, for instance, lights and signals along airw,>ys and at airports and 

## l,':rii upon emel'genc;t landing fields. III**general,~he~** rules wquld relate 

### f?;f;j**t~** th<;same subjects**~s** th,ose CQveredJ!.,y,!av}gatlon law,,- and regul,a- .!?') tlOnsand by the various State motor,Yeh,cle traffic codes. 

### As noted : above, surplusage. was elimmate In .spe(n: rlng par Ie ar air tr8.:ffic rules .ill order that the, term might be given the broadest,.possible 'construction by the Department of Commerce and the courts.:, '

,In corder to protect and prevent undue burdens'upon interstate

, and foreign air commerce the air traffic rules """to apply whethel: the- aircraft is engaged in commercial or noncomniercial, or_:i,n.**for~** eign, interstate, or intrastate navigation ,in the United States, and w,hether or not the aircraft is registered or is navigating in a 'civil 

# .':!!?P:"blia airaraft.:..-:Unper the S!lnate bili public aircraft were

, .. exempt from all the regulatory interstate and foreign commerCe ree \ quirements**o~** the act. Under**.th~** H?use amendmentl?ublic aircraft

, \ were exempt m respect of all naVIgatIOn from the reqmrements as to

, \ ,airworthiness .,nd theTating of airmen, but notfrdm air traffic rules

, upon civil airways nor from registration. Under the substitute

, public aircraft of the Federal Government are.,exempt from the

, ' airworthiness requirements and the, regulations as to the rating of**~en,** unleS1j .sw;b aircraft are**~.!:'!ily r~g,WJ.t-but** **p1ibl~c**

. .alrcraft'll:t"fue Federal Government are 'l1l!texempt from the aIr : --**Ltr:ffic"rule~,** <lxce,pt.inso**~ar** as the**Sec~e~ary** Of,' War has control \ OYer exclUSively military aircraft upon'military alTways., , -"I.: 

### Foreign,airaratt.-::Under the Senate bilLforeign aircraft were ,subject,to all the**~e~atory** provisions as to**f~reign** ,,:ommeree and could:not engage m mterstate nor,apparently mforelgn'Commerce 

### in the UnitedSilites.' Under theBouse amendment,foreign aircraft could be exempt from any ,of the regulatory :provisions governinll foreign, interstate, and intrastate 

### air navigationi:f the foreign DB#on 

### \ tf i ': ( 

### J**.~I\** ACT TO INCREASE THE MONTHLY MAKlHUH NUHBER OF FLYING HOURS OF AIR BLOTS, AS LIHITED BY THE CIVIL l'ERONAUTICS ACT UF 1938, BECAUSE OF THE lvJ1LlTARY NEEDS ARISING 

### our OF THE ERESENT**\~AR**

LEGISLATIVE HISTORY

PUBLIC LAH 77-535 77th CONGRESS, H.R. 6799 AERIL 29, 1942

Compiled by FAA LAW LIBRARY 1965 

### I!PUBLIC LAW 53.5-77TH CONGRESS] [CHAPTER 266-2D SESSION] [E. R. 6799J

AN ACT increase the. monthly maximum number of .flying hours of air pilots, as limited bv t.lJc,Civil Aeronautics Act of 1938, because of the military needs arising out '- of Lhc prcl>ent war.

B, it enacted by the Sena.te and.R ouse of Representatives of the United States ofAmerica 

### in Oongress assembled, That the maximum flying hours in interstate air transportation prescribed by paragraph (J) ofseetion 401 (1) of the Civil Aeronantics Act of 1938, as amended, shall be one hundred h01lrS·of flying per month: Provided, Thut, to the extent the Civil Aeronautics Board finds, after consultation with the Secretary of War and the Secretary of the N2.VY Or

.**UI~.ir de~ign~ted.** re'presentatives, that the TI?-2:ximum**h:rBi~above** pre-

,SCl Jhed ]5 not requIred by reasons of the mlhtary neens or the armed

forees of the United States, the Board may 

### fix, from time to time, 

### by regulation applicable to one or more air carriers, the n1aximUlll flyillg hours at less than one hundred hours: Provided lurther, That the Board'. m accordance with such·p1;'ocedure as 

### it may prescribe, may ,authorIze the ma.ximum fl:YUlg hours hereinabove**pI'~vided** f?r to be exceeded to the extent necessarY to complete a partIcular flight for milit.ary purposes. -' .**~** .

SEC. 2. Everyair carrier shall comply with the provisions of tlils Ael and**~he** regulations fixed by the Board hereunder. The powers 

### of the 

### Ciyil Aeronautics Board with respect to the enforcement of tile eml Aeronautics Act shan be available to it in the .enforcement 

### of (h]s Act, and the penalties prescribed in section 902 

### Cal of that ;iel shall be applicable to violations of this Act or any regulation lESucd thereunder.

.

SEC. 3. This Act shan remain in force during the continuance of the present war and for six months after the termination of thw**~ar,** or until such: earlier time as the Congress by concurrent resolu-

. IOn or the.President may designate.

. Approved, April 29, 1942.REPoln' No, 1944

I\('I:I:ASLKG THE MO"THLY MAXlMUM NUMBER. ,OF FLYING

IIC>l'llS OF AIR. PILOTS, AS LlMITED BY l'HE CIVIL AERONAUTICS ,ll'T OF 1938, Dl'RlKG THE PERIOD OF THE PRESENT WAR

\1,\ Irr'"fl 24, 1942.-Committpd to the Committee of tlie Whole House on the stat.E' of the Unioll and ordered to be printed
\11'. nULWINKLE, il'Olll tLl' COIDll'liti..oe OIl Illtel'sta.te and 

### F0i'eigll COirunCl'ee) SUlmlil,ted the following" 

## REPORT [To accompany H. R. 07991 '\'U(I COl1)Jl1itt,f'.l' on InteJ'stu.te and }"?oreign Oommerc('.] to 1,Vl101U "'liS l'"j'm'l'ed thl' hilleR, R. 6799) to increase the monthly maximum lilllll!Jl\T of ii.y.ing hours of air pilots, ttS limited by the Oivil Aero- !I;lulics A{'.f of 1938, because of tllt, military nee-ds arising out of the PI:l'.";(,11i Iii-aI', haying eOllsidered the smne, I'eport fl1vorably theI"eOH \\-1\11 amcndmellts and reC0ll1111end that tho. bill as nmendBd ·do pass.

The' U,llll'Illinlt:mts are us follows: ,l',Ig't' ], liue· 4, aftpT"401-11**changl~** Ii (1)'.' t.o l( (1) n . Page 2) line g. :lilyl" t.1IP ·words iteomply with)) insert. the words Iithe l)l,{)Yisions .of 1111":-; act and'l. Plil{POSES OF BILL

,,**giy:1J~y-fiVt~.** Dours is IlOW the lll[lxill1Um flying tilne 1)81' 1I1Onth f.01' ,jol,**~I!r-Jjn('** pilot,

.. I, ,J h," purpose of t,his biljis to extend tll(' maximum,flying time. to 100

( til S ]Jt'.r m.ontL. The CIVIl AeronautlCs Board will ha.ve the pov{e-.r 1(1 s:.\WJ'l,f'll sueh timE' when the mU;ximulll is not required by military 1.I,l'l't1S. It 

### will abo 11.a.\"'"6 powe.r to n.uthorize sueh flight, in excess 

# of**~dvh** J?3xinmll1 t.o thE'**f'xt{~nt** n{'{'.essaTY t,o cOml}lete a particular**.(.I~o'bt** J\ll. 1', ' .I...ll.lS

,,1!l.LIl.,u.ry purpose.s.
,f Ib

. .' ilet is teu1pOl'ary in its operation and 

### will k'rminate 6 11lonths
d \(.'l" tIl{' end of the "var or at such earlieI' tin.le as Congress by COD- (·IIl"J·('nt 1 t' tl 'P 'il d '

, ..reso.Lu "lon or ., 10**~** reS1
.e·nt ll13,y eSlgnate

.. "**~.r];e** 1I1ll1wdint.e effe.ct, of this legislation will be to increase the 1 \ d l ,1l?le [tIT pilot 11ln.n]Jowr.r for civilian and military air trans- ,\OI·hllOn. Tbe' ineH'ased flying time. will add the seTvice equal to

, lal 110W giYf:'l1 by threE' or foul'llund.red experience.d trainedpilots

..

### 2 INCREASE FLYING HOrnS T'uC' S0ct'l'tnr:r of \Vit.l' sUt.Lt.'S: ' It i:-:t Ilr l precialC'd, in this COHllCctiOlt, th

..**~t** cLlnt.LlItlC-U uniutcl'tupteLl service bl' domestic l1ir line::; i:::: essent,ial ill the iuLere:-<t::l of llLLt.llJun1 seclll'ity. 'The

### purpo:i~ ()f the**l~i'Ol.?()sed.** legi.':latioll is t.o muke**~t tJ()8s~ble**  to ,ut.ilize**t,i~e,** set'vice:5 of expert·**t~1H;eu** lill'-line**pllut.~** HI the Army**~11\(1** );l.'lsy \nthL)(lt tuterl'uptmg**dome~.;tie** ctir-lint ,.>!:hedule,;.

. This legidl'i,tioll wUl not l'(:sult in

### ~tny**ilH~.re~tBl'J** cost tu the Gu\,efll. IIl<:nt uS metlsured by Hying bJurs. it

### c011LCmplnL(·~ n!) o\'(;rtllllg

### ~ pu,ymcnt [or Hying; SL'f\'lcL;.

. It is worthy of note tlnl..L lbl.' _\jl' Line Pilots As;;.;ucittLlGll. 1m,s eOlUl' [orwul'd YOlulltnrily to lllti.:le tbis contribution t.o the Nt"tion'd \var l'ffol't. It fq)pro\T('S the proposhl t'ha,ngl'.d the lu.w to necompii8h Uhtl purpos{'. z...lr. Dn'''';id L. Behnckt:, pn'Bidl'nt of tlll' .:\'i1' Line ,Pilot,

### ~\.ssocintion, as n, spoke'sEw.n of tl1l'tr'llH'mbt'l's, l'.s::Pl'l'SSl'(t

### th~il' ptlq)OSI' in t1W8t' sinlph' won\::;:

The pilot::l t'f'01 ! hill tlH'Y wal\t ttl du wi1a,t tbey C:Lll for t.heir country in iLs hom '( of dire

### t1l~ed.**,~** 

### * >I: We tHe willilw.: to ddcr tlh: dfeets of the S5-hollr limiw-;{- t,ion and to tly \\'it}l no IhnitDJioll on

### ifip;ht~ .\llLl'\", u.rf' purdy Iur military

### l)nrpo~r" 

# l fur the dural lOll Of the present: war. ,'- This lJilliws till' upprtwt1.1 of

# n\l' Arwy air tortT, tlH' HUf{\u,n 

## or

# Ao.ro-~' 'llnntic:7. of ll11'

### :r-~<l\,~r, tlH' Air Tnln;,;port Associt\t.iotl, t,ll{' C:iyil Al!lti- ' llt\uties

...\\lni_inistration, till'

### Dt'P~lrtllll'nt l)[ ('o.mllll'rCl', thl' CiYi! Al'rOlHlutit'B DOllnl, ,uul till' Air Li.n'c' Pilots**,,:1.s8oL'i~ltion,** It also betS 

### tll(' l1})pro\'t).l of t1H\ Bul'l'uu or t.he Budget, Its l'tu:ly l'lleU',l1l1vnt is of (\nwrgenvy llllpOrhn)J't'. Tttl' ('llmmiltl'r ' Ll'COIllIlwnd i.ts ptlSStlgl'. 

# o

:'-' 

### 1 

# I

# INCREASE 

# FLYING HOURS OF AIR PILOTS 

# -============================= HEARING
BEFORE A 

# SUBCOMMITTEE OF THE 

# COMMITTEE ON COMMERCE UNITED STATES SENATE

SEVENTY-SEVENTH CONGRESS SEOOND SESSION ON 

# H. R. 

# 6799 AN AOT TO INCREAS.E THE MONTHLY MAXIMUM NUMBER OF FLYING HOURS OF AIR PILOTS, AS LIMITED BY THE CIVIL AERONAUTICS AOT OF 1938, BECAUSE OF THE MILITARY NEEDS ARISING OUT OF THE PRESENT WAR

APRIL 10, 1942

Printed for the use of the Committee oll'COmmerc.e

UNITED STATES GOVERNMENT PRINTING OFFICE 71521**~**ASHIKGTON : 1942COMMITTEE ON COMMERCE JOSllE W. BAILEY, North Carolina, Chairman RATTlE w. CARAWAY, Arkansas CHARLES L. McNARY, Oregon BENNE'r'l' CHAMP CLARK, Missouri HIRAM W. JOHNSON, California JOHN IT. OVERTON, Louisiana ARTHUR E. VANDENBERG, Michig;an 'rREODORE G. BILBO, !v:nssissippi W. WARREN BARBOPR, New Jersey FRANCIS IvIALONEY,**Conn~,ct.tcllt** RALPH O. BREWSTER, Maine GEORGE L. R.ADCLIFFE, Maryland**lL~ROLD** B. BURTON, Ohio CLAUDE PEPPER, Floritla JOSH LEE, Oklahoma LIS'l'ER RILL, _Uabima JAMES 11,'1. J:vlEAD, New**Yorl~** PRENTISS M. BRO'iVN, Micbigml MON C. WALLGREN, Washilllltoll W. LEE O'DANIEL, Texus A. RAND JAMES, CT.erk CECU. E.**NOU.~[ENT,** _lssistant Clcr{: 2. SUBCO'YIMITTEE ON CIVIL AERONAUTICS

JOSLm "'IV, lU.ILEY JOSIT LEE LISTER HILL JAMES M. MEAD PRENTISS 1\1. BROWN U BE::-1"NE'l"r OHAMP CLARK, Clwirman CHARLES L. McWi

..RY A1l.'rrrUR H. VANDENBERG W. WARREN BARBOUR HAROLD IT: BURTON



# b The of .tho 10:30 : of tho

Pros mittep'

Pl'GS Sen:} We wi montll I wi (Thl

A.:"\fACT

Be·if.**~I.Jnmit:(** t:ran,'1po na.l1tics Prol'ii.le, ,\vit.h th**n'l)reS(~1** ]'('a;.;ons may fix tlll) Uln.: till: Bm fll\' ma;**ill'('(·'s~n**

l:'lr::c:.**n'.!~!lb.tj** Bna.rrl \ :dol(' to :)!)3. (al**1C:~llt'd** t**\\"~ll'** 3.nt a:-: tbt, L

P:t:-i:){**.\.tte~**:an 

## TO INCREASE FLYING HOURS OF AIR PILOTS

FRIDAY, APRIL 10, 1942 UNITED' STA'TES SENATE) S1"BCOMMIT'l'EE OF 'rHE COMMITTEE ON COMMERCE, 

### Washington, D. C. TIlH sul)('.onm-ut,t.ee ll10t, pm'sul1ut. to eall, in the eommiUee l'OOnl pI xbr Sl'llatl,- COlll1nittoe on Oomme.l'ee, Ul the. Capitol Buiding, a.t lO::W tl. 111.) SCllD,tor Bennet,t, OhaInp Olnrk, of l'dissOlll'i, c.hau'lnan l'f t·hl' 8ubeOlll111ittee, presiding.

J'n:Sl'nt: Senators Clark of lvlissouri (ehninnan of the subeo111- wil·i,c{'), n.nc1 B].1l'tOll. ' '

,1'res('.!)!.01so: Sen[1t.or Put ?l.feCnIT"n. Se.na.tor CLARK of 1\1issoul'i. The. 8ubcOlnmittee. 

### will come to order. \\'" will take up, first, H. R. 6799, which is a bill for extending the monthly lllaiilnUlll number of flying hours of ail' pilots.

I will ask to hnvc insertrcl in the record at.this point H. 

### R. 6799
.

.(Tlw hill referred to, H. 

### R. 6799, is here printed in full as follows:) [H. R. Gi99, 77tll Dong.,**~d** se.ss.j A!\ .6.0'1' '1'0 increaso the monthlymaximum Dumber offlying hours of**~iir** pilots, as limitrd by the Oi\'il ANonautics Act of 1938, becLlusQ ofthe :!Jlilital':r needs**arL~illg** out ofthe present war Be it ena.cted by i-he Senate and Honse of R.epresenlatives of i.he United States of ...-hner£w in C'Ol1{lj'CSS al;l,'wmbled, That. the maxilllUlll fiyillg hours in iuterstate air tl'nusportatioll prescribed' by paragraph (1) of section 401 (1) of the Civil Aero1l:1.utic8 Act of 1**~3S,** as amended, shall 'be O1le 11Undred hours of flying per mOllth: Pl'om:ded, That, to the extent the Civil Aeronautics Board finds, after consultation 'with t.lle Secretary of War and the Secretary of t,he Nayy or their designated l'{'presentat.iYes, t.hat the .maximum hereinabove prescribed- is not required by reasons of the military needs of the armed forces of the Ullited States, the Board' may fix, from time to time, by regulation applicable t.o one or more air carriers, the ma:!..'immu flying hours at less than one hundJ'ed hours: Prot,£dedjtl1·thor, That the Board) in accordance with such procedure as it may prescribe) mayauth9rize 1.he**m~l¥imum** flying hours hereinabove provided for to be c:s:ceeded to the extent lwCesssry to complete a particular flight, for milita.ry purposes.

SEC. 2. Every air carrier Sh911 comply- \'lith' the proYisiollS 'of this

.. \.ct and the regulations fixed by the Board hereunder. The pmycrs of the Civil Aeronautics Board 1Yitln'espect to the enforcement of the Ch-jl Aeronautics Aet shall be ayailn.ble to it in the enforcement of thifol Act, and the pe11alit,es prescrib("d in section**,~02** (a) of that Act shall be applicable to violations of this Act or auy regulation Issued therelmder. ,

SEC. 3. This Act sha.ll ,re-main in foree during the cont.inuanee of t.he present war alld for st." months after the termination of t,he war, or ,mtil sueh earlier t.ime as the. Congress by eonCUlTent resolut.ioll or t.he President may designate.

Pa<::sed the House oJ R.epresent.atiYes Mareh 27, 1942. Att.est:
. SOUTH TRIMBLE, Clerh. Senator CLARKof 1,fissouri. Is Captain Be.hncke present? 

### 11r. BEHNCKE. Yes, sir. Senator CLARK of Missouri. I beli,,'\"o you want to be heard on tills· bill. ,Tnst have a se'lt. 1**I~,** ,

## . 

# J 2 L"iCREASE FLYING HOURS OF AIR PILO'IS STATEMENT OF DAVID L. BEHNC}l:E, PRESIDENT, AIR LINE PIlOTS' ASSOCIATION Senator CLARK of MissonD.You are the president ofh'1e Air Line Pilots' Association, a.re you not? Mr. BEHNCKE. Yes, sir. Scn>1tor CLARK of MissoUTi. The subcommittee has before it 

### H. 

### R. 6799, with.which you are familiar, and we shall be very glad to hear from you as pl'L'Sident of the Air Line Pilots' Association and to have your views [l.,S to the measure.

Mr. BEHNCKE. Mr. Chailman, insohras the Air Line. Pilots' Associu.tion is concerned, we are in favor of the measure and would like to see it passed with all possible 8Ocl'ediency. I have a brief slateme.nt to make which covers the highlights in this situation. SellittOI' CLARK ofIviissouri. You miLy proceedwitllyour statement. Mr. BEHNCKE. Th>mk you.. For tho. PUll'OSC of the record, my name is David L. Behncke. I "m president of the Air Line Pilots' Association \',·-hich is an organization which represents, -vvith minor exceptions, nll ofll.merica's air line pilots operating in both domestic n.nd foreign air transportation on .An1.crican flag (L.ir lines. This group now numbers more than 2)000.

The pUTpose of my appearance before tbis committee is .to say a few words about H. 

### R. 6799 which was introduced in the Senate as· S. 2.389 by Senator Robert Rice Reynold,s, chairml1ll of the Senate Military Affairs Committee, on lYlarch 19. Itwas introduced in the House by Congressman Chrence F. Lea on )YIarch 16, 1942. Hearings W0l'e held on lYhrch 24 before the House Interstate o,11el Foreign Co=erce C.ommittee and the measure was reported f,,;vorably "nel without ch>1nge on the same day, plaeed on the consent calendar, tend a few days later, on March 27, it was passed by the House.

As I und.erstand it, the measure that tbis conlllittee is considering here today is H. 

### R. 6799. In order to expedite matters alid in the interest of brevity, I would like to say right at the o)Itset tbat the air line pilots whom I represent >1re in favor of tbis billpassing the Senate in eX>1ctly the same form as it p>1ssed the H.ouse. This legishtion has been submitted to all of the 51 directors of the Air Line Pilots' Association, l1lld they approved by maiority vote that it be passed as. written, l1lld as it passed the House. For purposes of clarifying this situ>1tion, possiblyitwould be a good idea if I would review briefly the background of the Federal 85-hour monthly IJDlltatlOn for all' pilots who operate on the country's air-hne transport network. This Federal monthly flyiJlg hour limitation is now inchided in the Civil**Aeronau~ies** Act of 1938. The Labor provisions part of this bill, the CiviYAeronautics Act of 1938, contains provisions wbich incorporat.e tVNational Labor BO>1rd Decision No. 83 whIch was Issued on MayiO, 1934. Whenreferrmg to the flywghours of pilots engaged in air transportation, tbis Decision reads as follows: "Eight-five hours of flying shall constitute the monthly ma.ximum for air pilots." There is eonsidel'able. ba.ckground a.s to how this· decision was arrived at., and in order to expedite matters, in view of the**waJ'~** l1nd sO forth, I am of the opinion that it is un.necessl1lY to review all of tbis at this time. Briefly, the pilotsfeel that they want to do what they Cl1n for therr country in its hour of dire nced

.. The pilots finuly 

## !' f, 

## ! 

# r l.

.**~** ..

. .**~** .

.

# ,s.dS'-'~'·"·"'-'-"""", ...

# ""-",v*,,t"""y,,)it;~,i"·iil'~;f,:;;\:'.;'''J''"';'',;i'''''k&1:f0,~f,taPILOTS' iir Line

re it 

### R. glad to 1 and tD

;J Associrl like to Jltement atement .. )ol'd, ro-y Ie Pilots' 

### jh minor domestic' his group· tD say,," 3enate aBo le Senate ,ed in the· }, Bear- :! FOTeign :ablyan,d tldar, and )nsidering md in the :at the air ,he Senate lationhas. .ots' Assopassed as be a good al85-hour V's air-line nitation is. :,,,boT pro-**~,** contains. jcision No.

the flying n reads as
, monthly cision was f the war

. 

### ,.
, reV"leW 

### all to do what ilots firmly INCREASE FLYING HOURS OF AlR PILOTS 

### 3 believe there should be no other .fae-tol'S, reasons, or anything else wha.tsoever, involved in the passage of this hill exe-ept military need. It is pUTely and simply a :military measme, and our organization has consented to endorse it strictly on that basis with the understanding

, tbat itwill pass out of e,.-i.stence completely and irrevoeably when the

war ends, at which time· section 401 (1) of the Civil AeronauticB Act ·of 1938 sh",ll a.gainbe in full fOTee and effeet.. The 85-hour monthly limitation faT air pilots engaged in air-line tnmsporta,tion was fu'st incorporated into Federal law approximately 8 years ago on June 12, 1934, when it became a part of Public Law No, 308, commonlyr",erred to as the Air Mail Act of 1934 and passed by thc'Sc.venty-thirclCongress. Public Law No. 270, Amendment to Air Mail Act of 1934, was passed hy the Seventy-fourth Congress on August 14, 1935, and also included the line pilots' 85-hom monthly linoitation, Finally, it was includecl in: tbe Civil Aeronautics Act of 1934. This la.w has worked out very well.· It has adde.d immeasmably to the stl1bilization of air tTansportation gener,,]]y and to air ·sltfet,y. It hlts also added greatly 

### to the physical well-heing of the pilots.

. When the congressional .committees eonsideTed the Civil Aeronautics Act of 1938 which supm'seded i1U previous Air Mi1il Acts, they 'were extremely careful to include the 85-hour monthly limitation: As a mattm' oHaci;, these oommittees, afterlengthyhearings Coud study of this and oti,erparts oftheproposed actthatwere designedtoprotect tile pilots, included provisions dealing with the 85-hour monthly limita.tion in two parts of this 

### "ct. The first time itis mentioned is in s.ection 401 (1) and it is again mentioned further along in the bill in sectiou**415~B,** which reads th(ttr-- Pr-ovi-diDg nothing ill this subsection shall be deemed to autl101'ize the Authority ·to exempt B.ny air carrier hom any l'eq\lirements of this title, 01' allY provi.siol1 thereof, or any rule, regulatioll, terms, eonditiou, or limitation prescribed there- 'under which provide" for llla:.;,.."imum flying hours for pilots or copilots.

. Summarizing, this bill H. 

### R. 6799 which you are eonsideringhere t.oda.y, provides that the effects of the 85-hoUl" monthly flying hom provisions of the Civil Aeronauties Act of 1938 covering air p1lots ·engaged 

### in air-line 

### air t,TD.nSpoTtatioll) be deferred for the duration of the present War. Next it makes it possible fOT the Civil Aeronautics Board to make certanl that the extra flying hoUl"s provided by this bill are not used for anything but military needs, whieh is the whole intent and purpose of 

### this legislation. In other words, the general idea behind this meaSUl"e isthatit sbould not be used for profit nor to further the private business n1terests of the an' carriers

.. 

### It alSO' provides that tlle Civil Aeronautics Board shall have power to enforce the provisions of H. R, 6799 and the provisions of any regulations th

..t may be promulgated by reason of authority vested nl'it by tbis law. The last paragl'aph of the billis a.n automatic terminationpro"ision which provides that "The act shall remain in force during the COlltinu(tnce of tl,e present war and for 5 months after the termination of the war" atwhieh time it becomes inefl'ective. It is fmther pronded that this periodmay be shortenedbyjointTesolution of Congress Or by Exeeutive order of the President of the United States.

'['hat is about all I have 

### to say, gentlemen. I might add that the 'S5-hom law is one of the most cherished rights that has even been



# ...

### 4**I~CREASE** FLYING HOuRS OF AIR PILOTS gl'anted to the a,ir-line pilotsbythe Congress of ourcoulltry. W-ehavE-' alwn.ys ll.'PPl'ecio;t.ed what a.ir-minded Senators and Congressmen lli1ve· dOlle- to estu.blish it limitU.tiOll that has worked out so ,veil-not only for the pilots but in mrmy othel' Wttys) and we have contiullOllt'31y

. 'Iva.te-hed to see tlU1,t it h:1,s been ellfot'cell. It is in effect at thepresent t;Ul1C 011 all of the d0111estlc air lines covering 0.11 of th8 air pilots 0n1- ployed by such lines. However, 

### all this not\:yithstuuding, the'pilot.s ft.I'C ready and willing to do wha.tc.vel' tl.H:'Y can to help OLlI'**Corrun~nder** in Chief, the'President, further the ,Yal' euoet, a.ncl thel'efoL'e, we u..re**w-illim~:** to agree to defer tho e.f-Ieets 

### 0.£ the 85-hour limitation and. to fly with no"limltD,tlon to complete p"rtlcubr Hights tbtt ,,"'C purely 11lilit<1ry "nl1.lStn fughts "for the <.iLuation of tile present Wt"hl'. Obvi.-**ously~** thepilots do not wish to see· il..1l,Y 0'£ these estTi1 flying hOlITS l..Lsecl for private p.rofit, and it is with those undCl'stfl,lldings thtl"t I have just outlined that we give OUT <..'ndorselllent to bi.ll H. R. 6799. The nir-li.ne pilots strongly suggest thttt it be passe.d exactly tU:3 Vv"Titten f\,nd exactly u.s it ptLsse.d the Rouse. 011 ivin,TCh :}i. Before ending my re.uu1rks, I \vouhllike to StLY that the inclusion of the 85-hour mOI\thly limitation on**,Ju~c** 12, 1934,-in tlll'..Air**~vlail** Act of 1934,**''I,,~tl.s** l1utrle· possiblo by one of your most able collet1,gues a,nd a, nlember of this COlllnitteo-S(m"a.tor James 

### ;vI. lv[ea.d of N c-w York. H-e, first conceived the idea 'of incluuing the 85-hour liulit,u,t;ion ili D, Fecle.l':11 staJ,ute -vvhen 110 WI1S' chn.irrrlO,ll of the House Post Office and Post ROD"ls Committee while a Reprosentotiv8 from the Forty-s<'cond District of the St,at,e of Nevr York. Since that 

### trow. he 1m3 been instrumental in eontinuin,g this limitn,tion in snbsequ('nt. lltr-lllt1illu.\vs. For fill this, the a,ir-mnil piJots who man the Nn.tionls tiil' liners and who fly to f:1[' rn\Tay points sC:lttc.rt'll ahl10st th:roug'hout the**('ntin~** Western Hl"lluspheTl:, oIVa em undying debt of gTu.titudl-' to Senntol' Meael aDd the many otl1Or proven lrion,l8 of the all,cline pilots, both i.L'l. the. Senn,te f\,nd in the House. The pilots wish to to,Ln' this opportunity to point out how well this' 85-houT limitation has 'worked out in ac.tuD,l prt"1ctice. It has l1dcll'(l m.uch to the proposition of placing**..:-\n1J~,l'ican** air tra.nsportu,t,ion fore.- nl0st in world air C.OffiJlll'TCt' tl.nd to l11a.ke it such tL valued assl\t, to nationaldefense. now thtLt our COlmtryis at war. The 85-hoUT monthly limitation fo[, air pilots hl1S probably adder] mOre to this !1ccomplishment than anyone othe.r mea·Slu'e. This part of t.he Civil Aeronautics Act of 1938 ht"1s for almost a cleeade guaranteed goo(l operating prae-· tices eluring peacetime ,mel it has adelecl .llumeasnmbly to air safety and to the physical well-being of the pilots. Now, In time of war, the cleferment of tills illnitt,tion ·for military neeels makes it possible for Unele Sam to utilize experienced air-line pilots for militl1ry purposes, and at the Sl1me time keep the air lines operating, which, also, is lllportant to nationl1l defense. 

### If all the Mlditional flying hours of e..-<perienccd pilots tlmt this hill affords are. utilized for miJittwy needs, it will mean :lO,OOOaclditional flying hams monthly ancl360,OOO Hying hours yearly, willch, withont getting into' involved arguments, is 11 lot of £lying hours of highly experienced pllots and something that is of inestimable worth to national defense, especlo11y at this sta.ge of the war. In orcler to keep the record stmlght as to the backgrouncl ou wbi"h the pilots' S5-hour limitatlon lS based, I woulellike to include in the record v..ith your permission, as exhibit II a resolution of the-

..A.('ro· 

# j
, 

# I )



# ! :rv(c(ii Nn.tic**Wh.t~ll** 

### No. ,:**F{~ilt'l** for l limitf TIl tioll r regul: port.& Navy V\fi No, : the 8 in tI:lI Chat; Oil 

### Iv1 Til up6n Sel reJon (T 

### follO\

Wh probh COllnD hours

V'lTh frOID '

1Vll recum and

Wh eminc

Wb ut n. t,i

Wh and

Wh per 11, filetee

Wh tende·

IVhheighWh days

Res ?neelif fiyin rr t.he**t~** and b

Re.;· of thE

# --~~_~~-_-~C.<**<~JN~**laTe· HiVe. Jnly**~sly** sentemlots lder' are I to 'ely)vised ust

as' lof ,-ct 

### ia rk. 1 a, nd nd leu vs. nd' T6 ,or' th lis· ?,cl '6-· to Iy 

### b.- ::;8" c-·;yle '1' 3, U 

### ,1 t V

1· 

# , ). 

## I 

# I 

# I 

# I rxCREASE FLYING HOURS OF AIR PILOTS 

### 5 Me.dieal Association of the United States which was before the 

# K

"tional Labor Board of which Senator Wagner was Chairman, when itincludec] the 85-hOur monthlylilnitation sectioninits decision No. 83 issued May 10, 1934, and which was first ineorporqted into Fede""llaw on June 12,1934, under the sponsorship of Senator Mead, for the purpose of demonstrating what the basis of the 85-hour limitation really is.

The Aero Medical Association of the United States is a,n organization made up of practically all of the lea,ding flight sUTgeons from the l'{'g"ulU.t,Ol'Y agency of the De.partlnent of COlnmercel a.ir-line transporLa.tion, conunerc.ial aviation, generilly, and the Army and the Nay\,.



### 'IV,th yourpm=ission

### I would also like to include a wpy of decision No. 83 of the 

### 1'1'"tional Lahor Bo"rd in this reeord, as exhibit II, the 85-hour monthlylimit"tion provision ofwhich is now incorporated in the. Oivil AerOllilutics Act of 1938. Sena.tor Robert F. Wagne.r W:1S ChairIDs,n of the National La.bor Board when this decision was issued all lvby 10, 1934,
.

Tha,nkyoufor your time, and we hope that 

### H. 

### R 6799 will be acted upon with every possible degree of exl'ediency,

Senl1tor CLARK of Missouri. The cloelUllents to which you have referred to in your statement wlil he made a p"rt of the record. (The documents referred to "nd submitted loy the witness are as follows:) EXHIBIT I A Resolutioll by the Aero Medical Association of the United Ste,t,es of America on

Which Was Based the 85-ho111' Monthly Flying Limitation for Air-Line Pilots SEPTEMBER 3, 1933. vVhcl'eas the Aero Medical Associatioll of the United States considered the problem of ma::dnmll hours of flying for air-line· pilots and thl'ough a special uonunittee'recommended that do,ylight flying should be limited to from 90 to 110 homs per month, depending upon the terrain, weather, and passenger loads; and

Whereas said committee recommended that night flying should be limited to from 60 to 75 hours; and

"Vhereas said cOlnmittee recommended that the hours of day and, night flying reconunended, represented a mean average of 83% hourB of day aDd night flying; and ,

Whereas said c,ommitteebased itsrecommendations upon the advice ofthemost emiuent authorities available; and

.

Villwreas said recommendations 'were made in September of the ye.9T**1931~** and at, a thne when the speed of aircraft was scarcely 100 miles per houri and

Whereas increased speeds have brought about conditions in air-line piloting, and

Whereas air-line pilots who have fio-vl'll up to or near the maximum of 110 hours per month as prescribed by the aeronautics branch of the Department of Commerce, and

-VV-hereas experience and obsenat.ions of :llight surgeouB has indicated a growing tendency t.oward cumula.tive fatigue among pilots, and"

\ifhereas it is au o}Jinion among outstanding aeromedical experts that flying height speed equipment involves added human stresses, and

Whereas**fa~al** seddeuts**~mong** i¥r-line pilots have**oe~urTed** ODe in eyery 29 dayS for a penod of approxImately 5 years, therefore, be It

Resolved, by the A.BTO 11'[edical Associaf,ion ofthe United St-at.es, in il.s fifth anntl.al**rneeting~** assembled at Chicago, IlL, September 3, 1.933, That a ma.-..;:imum of 85 hours flying in anyone month aDd between 900 and 1,000 hours for a year, represents thet,op limit of hours offlying to tl/hich a chiefpilot or copilot should be**snbjected~** and be it further

Resolved, That copies of these resolutions, signed by the president, and secretary of the association, be transmitted to the United Sto.tes Secret.ary of COillilleree,'-.,j 

# I

6 mCREABE FLYL"iO HOURS OF AIR PILOTS to the president of the Air Line Pilots' Assocbtion, and that they be published in the press of the couutry. F. C. WARUSHUIS,**PTe.~ident.** D. S. BRACKMAN,,Secretary.

National Labor EXHIBIT II Board, ill the matter of the Air Line Pilots' Wage Dispute, Case No. 83, IVhy 10 1934 The Air Line Pilots' A4..Bsociatioll and American Airways, Eastern Air Transport, Transcontinental and Western Air, United Air Lines and Western Air Express jointly submitted to the National Labor Board, in September 1933, a iyo.ge disput,e concerning the rate and method of payment for air pilots. The National Labor Board referred the matter to a fact-finding committee for study and recommendation and caused a detailed study, of the wage situation in this industry to be made. The Board's decision had been withheld for ,'3eyeralmonths because of the uucertain conditions in the industry resulting from the cancelation of the air mail contracts in February. In view of the recent changes in the industry the Board feels that a public service will be rendered by the issuance of a decision setting forth its views regarding a fair wage scale for air pilots.

The traditional method of computing pilots' wages on the basis_ of mileage flown was abandoned by the industry during the period from 1931 to**1~33.** The dispute was occasioned by the new rat.es which had been put into effect on October I, 1933, by aU, the companies involved. These rates are all an hOUl'ly basis and proYide for $4 an hour for day flying under 125 miles hourly speed, wit.h 20-cent hourly increase to become effective at speed'3 of 126 miles, 141 miles, 156 mile.'3, 176 miles) 201 miles, respectively. Two dollars an hour is added to eo.ch rate fOL' nightflying. In addit,ion eachpilotreceives a base rat.e of $1,600**~nnually,** iucTG'B..sed by $200 for each year of service, up t·o a maximum of $3,000 a year. This base rate is paid regardless of whet.her the pilot engages in a.ny flying.

The pilots in..sisted ,upun a return to the m.ileage basis of payment and proposed the following scale: 4 cents a. mile for day flying and 7 cents a mile for night -flying ovel' ol'dinaty tenl1in, with an LllCre3.Se to 5 cents aud 9 cents a do.y for day and ni'ght fiyillg, respect.ively, OYer hazardous terrain, plus a base rate of from $1,800 to %3,000 a year. The companies contended for the continuat.IOn of the October 1 rates. These rates provided for appro:xilllatlev the same 'compens:1.tion for all flights at the IOlv rates of speed 'which had been cnstomeary ,in the past, but resulted in materially reduced compensation for flights at the illereased speedt3 which tbe industry has been strivillg to int.roduce and n.tt3.in.

The Oct.ober r3.tes are im!.deql1n.t.e for additional re:1SOus. The differential**p~id** for night**fiyill~** as t1..gainst day flYllJg seems insufficient) the speecis .:1t whicll the increased hourly rates \-yould become effective seem impl'5.ctic:l.bI0, and**tllt~** differential for the increased speeels does not. sufficiently "t.:t.ke into D.ccount the increased hazards and the probable increased cl1l'nings t() be derived from the speedier equipment.

The industry is on the threshold of technologial improvementwhich will g-rcatJy accelerate the speed of airplane travel and 'which may result in some technolo;l;.'ie::W. unemployment. The increase of speed will either greatly increase the mileage covered by the pilots or materially reduce their lllonthly hours of emploY"lnent. Ift.he pilots were to fly in the futme the same number of hours as in t.he past and were paid on the same monthly basis, their monthly earnings would be grea.tly**increa...~d.** Similarly) 'were the mileage basis to be cont.inued and the hours of actual flying reducedj there would be no change in monthly earnings notwlt.hstanding the sharp reduction in monthly hours. In either e\"ent, the pilot wonld receive the chief benefits accruing from the new equiplllent. The hourly basis of payment, on the other hand, does not adequately compensate the pilots for**th~** increased Inileage with the added ha:w

..rds incident thereto, and reslllts in a sharp decrease of earnings in the event that new equipment reduces the employment opportunities of the pilots. It would seem advisable, therefore, to adopt a basis of pay under**~"'hich** both the company and the employees would share in the benefits accruing from the new equipment and bear the burdens that. will -attend its introduction in the beginning. VariOlls bases of compensation were aceol'd- ,( ingly, studied that promised to attain this objective and a combination of both methods of payment was devised. The Board's report sUl'nlll3..rizing these**stndi~S** 

## J ) 

### .'published in President. Se,cretary.

;.ge Dispute,

Air TransWestern Air lher 1933, a [Jilots. The ee for study**~tion** in 

### this eral months ;he cancela- '1uges in the

, issuance of -ilots.

of mileage 31 to 1933. .to effect on .1 an hourly speed, with 1 miles,. 156 ded to each )02;l1nually, 000 a year. gying. 1t, and proLle for night s_ a day for ,ase rate of ontilluatlOll same conl- :tomeary in

, at the inat.tain. dillere,ntial :ls st. ,\'hich le, alld the ,(1COUllt the :l from the will grea tl

y chnological ,he mileage J.ployment. Ie past alid be greatly leo hours of ;8 notwithJilot "Would dy basis of ats for the iil a sharp IIp]oymellt opt a basis lare ill the 

### will attend :re accord- :m of both .ese studies INCREASE FLYING HOURS OF AIR PILOTS 

### 7

was submitt.ed t.o the parties for their criticL'3m**~nd** suggestions. It thus appears that the method of payments recommended by the Board will impose no undue burdells upon the companies; that. it, can be admirustered without anypractical difficulties and that it provides an adequate basis of compensation for the'pilots.

As the issues have been fully discussed with the parties and the cOllsideratioJ;lS impelling tlfe Board in reaching this decision have been outlined in an elaborate Tf:port, it, is unnecessary to describe t-he issues here involved in any detail. In the attached chart" the various methods of pa:YUlent proposed by the parties-and the Board are tabulat.ed.

Jt is the decision ofthe National Labor Board on all the issues submitted that--- 1.**Eigh~,y-five** hOlli's of fiying shall constitute the monthly marimlUI,l. for air pilots.

2. Experience has not crystallized sufficiently to put a maximum on the monthly mileage of air pilots.

3. The rate of base pay shall be $1,600 a year with all increase of $200 for each year of service, maximlUll $3,000.

4. Air-mail pilots shall be paid the base rate plus au hOUl'ly rate of $4; $4.20, $4.40,**$4.60~** $4.80, and $5 for day flying and $6, $6.30, $6.60, $6.90, and $7.20, .and $7.50 for night flying at hom-ly speeds of under 125 miles, 125 miles, 140 miles, 155 miles, 175 miles, and 200 miles or more, respectively. In addition at monthly mileages of under 10,000, 10_,000 to 11,999 miles, inclusive, and 12,000 miles and more, respectively, the pilots shall be paid 2 cents,**17~** :cents, and 1 cent a mile for all miles per hour flown at more than hourly speed of more than 100 miles.

5. This awal;d shall remam in effect for a period of 1 year. 6. The differentials existing O.ll October I) 1933, for copilots and for flying over hazardous terrain shaTI be maintained.

AIR LINE PILOTS' A:SSOCIA'l'ION, CMcago, Ill. ROBERT F

..WAGNER, Chairman.
NATIONAL LABOR. BOh-RD, TVa.shington, D. C., ]l.rfay 10, 1934.
GENTLElI{EN: We. al'e enclosing the decision of the National Labor Board in the case of the Air Line Pilots' Wa.ge D£spute.

In view of the change in conditions in the industry since this matter was jointly submitted to the Board by the Air Line Pilots' Association, and·the five air. lines, the Board is of the opinion that the rates herein Bet forth should apply when, as, and if,**air-~ail** contracts- are awarded under S. 3170. However, the provisions contained in thls decision apply to all pilots flying for your company. whether or not engaged in the carr:l-ing of mail. Very truly yours, NATIONAL L4J3oR BOARD, ROBERT F. WAGNER, Chairman.

# y \

### ...**-~.**

Mileage of 8,000 mlles at

hourly speeus 0[- MIleage of 10,000 miles at
- bourly speccls 0[- MDoagll of 12,000 miles at Mileage of 14,000 miles at hourly sp(:cds 0[-**Hil~l\ge** ofl(i,ODO milo!; at 11o<;l1'ly speeds hourly spotldS 01'- ofHill 125 150 175 200 100 125 160
. 175 200 100 125 150 17il 200 100 125

### ~I; 160 175 2<)0 100 125 HiD 175 ' 2-00



## -----**~--** ------------------------------- -- ------------- --- I l

_______ $(j'\{l $516. 00 $(116. 00 $B16. 00 $!U(l $720 $720. 00 $720.00 $720.00 $720 $824 $824. 00 $SU. 00 $824-. 00

# "8U IO,2S *"S.OO ."03.00 $928.**':~r28** $1,0:12 $1,033, 00 $1,032. DO $1,032. 00 $1,0:12 JlI

..____ 584 507.00 477.33 4'11).86 42-f 680 58-1.00 I)·W.67 508.57 480 'l7G IlIlO.OO OW.DO liiG.3\) 535 872 137. 00 635,00 6a2. flO 5U2 \IG8 lilt 00 753.28 lma.71 548**llI~_"~**__ 58·1 liM.56 634.[)3 532.0-! 520 680 633.20 ()OZ.QO 5\J3.40 575 77ij**707.!i~** GG2.40 tW:L35 G21J 872 7U2. ,18**7~(J.** oW 7:2[).80 ()f)O !JOB 877.12 816.53 8(H. l\) 700

._-- - - -- ...._-
-- ------ -_._---- I Mont.hly earnings figured un basis of what ll!1ots are asking--4. clmts per milefOl' dajc liyi.llg, 7 mmts pur mile (1)1' nigh!; flying; plus munthly base of $200,**~** Mont.hly e,!-rnings .figured on hourly basis of what ctltnpanius are paylllg since Ool. 1, $4, $-1.20, $-IAO,**·~-!.r,D,** *4..8U, and $6 pel' hour fot' day Hying; $0, $G.2(), $6.10,**~;().60,** $6.80, amI $7 ll,n: hour fo1' mght fiylng**a~** hourly speeds of undCl' 126 ruilGs, 120-HO, 141-155, 155-175, 170-:200, and over ZOO miles, pIns monthly base of $200.**~** Monthly earnings figUl'ed OJ1 hourly hasis of**,~4, ,~4.30,**  .,\)4.40, ·Heo, .t"l.80, and $6 lor day flyhW; uud :jiG, .'(;6.80, [,W.GO,**.~(j.OO,** $7.20, and $7.50 fornig'ht flying a.t sp8ec1s of undel' 126 miles, 126, 1-10, 155, 175, ancl 200 and OV(1)' miles plus 2 Gents, IH cents, and 1 cent [or (1auiJ mill> t.rrwcled at lllortl tho,n lUO-mile ilourly spcCld where**totallllonth'~** mileage is under 10,000 miles, 10,000-11,099 milt's, inclusive, und 12,000 or more mIles, respecti1'81y, pltlS munthly bllse of $200.'

.

Atmilt}Uge of8,000

____________**~**__**~**_____________________________•__

10,IJOU

___________________________________..__________ _
12,000.

______________________________________ AtspeedofMiles 100 125 150 175 200 100 125 150 175**~~g** 

### I

. 125 150 175 200 POIcent savingill

. time

NOJlG

20 :13% 42H 50 None

20 33"73 d.23-f 50 None

20 33H 4271 50 Ptncont

. Incl"tlfts(l in pilot's pay fig- ured Oll III as againstII
None**8~!t**

lOH 16Ha 18H NOlll)

8H 03-[j 14% IGH. Nono

IiHo 7 ll% 13}$ At mllc!\j;o of14,000

_____________________________•_________________

1ti,O(j(J

____________ .:______________**~,-------------_-----**

II
. _________________ -'.**Ato~~ed**

Mi'es 100 125 150 175 2no IOn 125 150 175 2-OU. Percent**~avillg** in timo

None 20 33H 421' 50 None ,(>**33~jJ -!3~H**  50 Percent Increase inpl1ot's pay fig- ured onln as against II NOlli)**0~1l**

7)1 12}f2 14H4 NOlle.

7Hi 8 13H 14% 00



### tzl

## ~ ". en 

# " '>1 t'

## ~ 

# " Pi 

# g
en o '>1 i':; 

# '"**~** o**~**

## .--~--.**,--~**INCREASE FLYING HOURS OF AIR PILOTS 

### 9 Sena.torBURTON. I wouldJilie to aska questionfor my owninformalion, if you please. Under the presentlawis there any way in which the S5-hour limitation per month can be exceeded?



### 1.I1r. BEHNCKE. No; there is not" Senator. Senator BURTON. That is absolutely rigid? Mr. BEHNCKE. Yes, sir. Senator BURTON. Neither the .Board nor any other agency can exceed that amount?

Mr. BEHNCKE. No, SiT. Senator BURTON. It is' a physical regulation, more than anything else, and itis a limitation on the number of hours 

# aman can actually fly?

.

.M1'. BEHNCK]]' Yes, sir.

SenatorBURTON. And does notprovidefor extrapayfor thenumber of hours of flying?

Mr., BEHNCKE. No, SIT; 

### it is the absolute maximum, Senatof. Senator BURTON. I understand that the amendment 

### will change tlmt to 100 hours of flying per month?

lY1:r. BEHNCKE. Yes, sir. Senator BURTON. And then it pTOvides [reading]: That, to the**exte~t** the Chril Aeronautics Board finds, after consultation with the Secretary of War and the Secretary of the Navy or their designated representatives, that the maximum hereinabove prescribed is not required by-reasons of the military needs of the armed forces of the United States) the Board may fix, from time to time) by regulation applicable to one or lllore ail' carriers, the ffi3tximum flying hours at less than one hundred hours. For instance, it might fix the hours at 90? JVIr. BEHNCKE. Yes, sir. Senator OLARK of Missouri. It can fix the hours at 90 011 Olle line and 100 all another? 11r. BEHNCKE. Yes, SIT.

. Senator BURTON. But 100 is the absolute statutory maximunl; .mel the BoaI'd can fix it at less .than 100?

Mr. BEHNCKE. Yes, sir. It is baseel on military needs, and the Boarel must according to this law consider the military neeels inrelation to the scarcity of pilots, and then 

### :6.." the monthly hours; and, in addition, there is a provision that permits pilots, even though they havereached 100 hours, to complete a particularflight ifitis canying "must" military cargo; in other words, cargo that must go**.thro~gh**.

. Senator BURTON. Yes. I wanted to have that dearly m mmd. It sa.ys [reading]: Pwvidedfu.rthcr, That the Board, in accordance with such procedUl'e as it may prescribe, may authorize the maximum flying hours hereinabove provided for to be exceeded to the extent necessary to complete. a particular flight for military, purposes. Mr. BEHNCKE. That is correct. Senator BURTON. So that the statutory limit may be increased to 105 hours or whatever time may be necessary?

Mr. BEHNCKE. Yes', sir; for a particular flight. Senator OLARK of Missouri

. 

### .An official authorization for each particular flight is required?

. Mr.BEHNCKE. Yes, sir. Senator OLARK of Missouri. In other words, there must be a militaTY necessityinmdcr to o,uthorize a pilot to exceed thatlimitation?i ',i

>. '1

# I 'I. ,. 

# I
, 

# -...."

10 INCREASE FLYING HOURS OF AIR PILOTS

Mr. BEHNeKE. Yes; that is basically the idea. However, I presume that the way it will be done will be that the Oivil Aeronautics Board will make regulations**cO~Tering** the manner 

### in which it will,be handled.

. Senator OLARK of Missolll'i. They will lay down the regulations but in particular cases 

### it 'will be necessary to have an nuthorizatioll. J lV1r.BEHNCKE. Yes) sir. Senator OLARK of Missouri. Are. there =y further questions, Senator?

SenatorBURTON. No. (The "itnes;",ithdrewfrom the committee table.) Senator CLARK of 1vIissouri. Does anyone else desn:e to be hem'cl on H. R. 6799? Do you c"re to be heard Mr. Hushing? MT. HUSHING. Just a word. STATEMENT OF W. C. HUSHING, NATIONAL LEGISLATIVE CHAIR· MAN, AMERICAN FEDERATION OF LABOR 

### 1vlr. HUSHING. We have gone along with the pilots. They :1Te**ont~** of the finest gTOUpS affiliated with the Amerimn Fedemtioll of Labor. Perh"ps I should s"y, the finest, but I might get myself into trouble. I think their attitude in this regard is a very10gical one, and we are proud of them; ,md I hope that you will report the bill out. (The witness withdrew from the c.omrnittee table.,) Senator CLARK of lvlissouri. Does a.nyone else desin.' to be heard on this bill? [No response.] If not, without objection it will be reported.

. (Whereupon, at 11: 10 t)•. ill. I the hearing was eoncluded, and the subcommittee pToceecled to the copsidel'ation of other matt!.:'rs.) 

## x 

# j jf 

### ! t· 

# Union Calendar No. 687
77TRCONGRESS 

# H R 6799
2D SESSION
- ¢;I ,;,'



### [Report No. 1944]



## IN THE HOUSE OF REPRESENTATIVES

MAUCH 16,1942 ]\11'. LEA introduced the follo"ing bill; which 'was l'efened to the Oommittee on Interstate and Foreign COlllmer:ce IV[.'utCH 24, 1942 R.eported with amendments, committeel to the Oommitte'B of the WlIole Rouse on the sta.te of the Union, and ordered to be printed [Omit tbe purt struck through and insert the**Pf~lt** printed in italic] 

# A BILL To mCTease the monthly maximum number of flying homs of air pilots, as limited by the Oiyil Aeronautics Act of 1938, because of the military needs arising out of the present war, 1 

### Be it enacted by the Senate and HO'use of Representa2 

### tives 

### of the United States of America in Congress assembled, 

## 3 That the niaximum flyiIlg homs in interstate air transporta4 tion pre.scribed by 

## pamgral,h (1) of section 401 

# fl+ (l) 

## of 5 the Oivil Aeronautics Act of 1938, as amended, sha11 be one 6 hundred homs of.flying per mouth: Provided, 

## That, to the 7 extent the Oivil Aeronautics Board fllds, after consultation 8 with the Secretary of IVar and the Secretary of the Navy or 9 their designated representatives, that the maximllTIl herein-

### ,

. j

" .



### , ,



### :

. 

### 2 1 

### above prescribed is not required by reasons of the militcny 2 

### needs of the armed forces of the ITnited States, the Board 3 

### may 

## fix, from time to time, by regulation applicable to one 4 or more air carriers, the maximum flying homB at less than 5 

### one hlU1clred hours: 

## P1'Ociderl further, That the Boarel, in 6 

### accordance with such procedure as it 111ay prescribe, may 7 

### authorize the maximum flying hours hereinabove provided 8 

### for to be exceec1ed to the extent necesscny to complete a par9 

### tieular flight for military purposes. 10 

### SEO. 2. 

### Every air carrier shall comply with 

## the provi11 31:0118 

## of this Act and tIll' 

### regulations fixed by the Board 12 

### herclU1der. The powers of the Oivil Aeronautics Board with 13 

### respect to the enlorcement 

## of the 

### Oivil Aeronautics .t"-ct shall 14 

### be available to it in the enforcement of this Act, and the 

### 15 penalties prescribecl in 8l'ction 

### 902 (a) of that Act shelll 16 

### be applicable to viohtion8 of 

### this Act or any regula,ti6n 17
. 

### issuecl thereunder. 18. 

### SEC. 

## :3. This Act shall remain in force clmino' 

### the con- o . 

### 19 tinntlnee of tho present ,,'ar and for six mouths after the 

### 20 terminatioll 

## of tho war, 

### or until 

## snell earlier time 

## 118 the 21 

### Congress hy concurrent resolution Qr 

### the President may 22 

### designate.IJI

. _:Z'," '_.
- , ...**.,;..'~,.....-..~.--.-'.--.........**...**~**.....,---..**-~~**.....:...."_

. .-i._**-."---~".~**..**~**

71TII CCNGRESS 2n SESSION Union Calendar No. 687 

# H. R. 6799 [Report No. 1944] 

# A BILL To increase the Inonthly maXilnl1l11 lllUllber of 

### flying hours 

# ot ail' pilots, as limited by the· Civil Aeronautics Act of 1938,. because of themilitary needs arising out of the present war. 

### By 

### Mr. LEA
J\iLl.nOR 16,1942 Reiel'l'ed to the Oo'mmittee on Interstate and Foreign Commerce ThLmcH 24, 1942 Reported with amendments, cOIDmittec1 to the Committee of the WllOle House on the state of the Unioll, and ordered to be :printed . '''-**~**___ ''':'',.c- ,-" c..,**,,_,,;,_.~,**

## i

. 

### , 

# CODE 

# OF FEDERAL REGULATIONS

1949 Edition

CONTAINING A coDIFICATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF DECEMBER 31, 1948 With Ancillaries and Index

. published by the Division of the Federal Register, the National Archives as a Special Edition of the "Federal Register, Dated January 1t 1949

Pursuant to Section 11 of the Federal Register Act as Amended

Parts 1 to 399


# :tl874Chapfer**I~Civir** Aeronautics Board § 41.55 qualified in accordance with the appro-**pri~te** prdvisions of § 41.50.,

§**4~.52** Maintenance oj pilot technique. If within any gO-day' period a first or second pilot**ha~_not** made at least three take-otIs and landings in'aircraft of a particular,make and model, such person shall,not thereafter serve as a first ·or second pilot in aircraft of that make and model in scheduled 'air trans:" portation without having made at least three take-offs and landings in such aircraft with not less than one-half the maximum useful load. If he is,to serve in air transportation at night at least one of the three take-offs and landings specified above musthavebeenmade at night.

§ 41.53 Periodic jtight 'checks and instruction. Each air carrier must provide a sufficient number of check pilots to insure that each first pilot employed continues to meet the minimum.requirements both with regard to route com- petency and technique. Each of these checks must be accomplished twice each year at intervals of not less than four months. Periodic instruction must be given all pilots. In the case of first pilots, instruction must include the obtaining of optimum performance under simulated maximum authorized weight conditions with one engine inoperative andinstrument approachprocedures and landings under the same conditions in the make and model aircraft in which such pilots serve in scheduled air transportation. In the case of all pilots other than first pilots, instruction mustinclude familiarization with the operations manual, with the types of equipment used, ro.... and with the duties of a second pilot. j § 41.54 Flight time limitations jar aircrajt having 'a crew of one or two pilots. (a) A pilot may be scheduled to tty 8 hours or less during any 24 consecutive hours without a rest period during· such 8 hours. If a pilot is scheduled to fly in excess of 8 hours during any 24' consecuti,ve hours, he shall be given an intervening rest period at or before the termination of 8 scheduled hours of,flight duty. Such rest period must equal at least twice the number of hours flown since the last preceding rest period and in no case will such rest period be less·than 8 hours. During such rest 'period the pilot must be relieved of all duty with the air carrier. OJ) When a pilot·has flown in excess of 8 hours' during any 24 consecutive hours he must receive at least 18 hours of rest before being assigned any duty
·with the air carrier.

. (c) A .pilot shall not fly in excess of 32 hours during any 7 consecutive days. Relief from all duty for not less than 24 consecutive hours mUst be provided for and given to a pilot at least once during any 7 consecutive da,ys.

Cd) A pilot shall not fly as a member of the crew more than 100 hours during anyone month: Provicled, That the Administrator is authorized,. during the present war and Until 6 months after
·the termination thereof, to permit the maximum of 100 hours to be exceeded to the 'extent necessary to complete a particular flight for military purposes. (e) A pilot shall not fly as a member of the**cr~w** more than 1,000 hours in any 12-month period: Provided, That this limitation will not be effective durIng the present war and until 6 months after the termination thereof, and that during this period the maximum flYing hours permitted in any 12-month period will be controlled by the provisions of paragraph (d) qf this section.

§ 41.55 Flight time lirnitations jar aircraft having two pilots and one additionq.l flight crew member. (a) A pilot

.may not be scheduled to fly a total of mOre than 12 hours during any 24 con- 'secutive hours. (b) When a pilot has flown 20 hoUrs or more during any 48 consecutive hours, or 24 hours or more·during any 72"consecutive hours, he must receive at least 18 hours of rest before being assigned to any duty,with the air carrier. In any ·case each pilot shall be relieved from all duty for not less than 24 consecutive hours during any 7 consecutive days.

(c) A pilot shall not fly as a member of the :flight crew more than 120 hours in any 30 consecutive days or. 300 hdurs iri any 90· consecutive days: Provided, That the Administrator is authorized, during the present war and until 6 months after the termination thereof, to permit the above maximums of 120 or 300 hours to be exceeded to the extent necessary to complete a particular fligb,t for military purposes.**~** (d) A pilot shall not fly as a member of the flight crew more than 1,000 hours

.in any 12-month period: Pro1{ided, That this limitation will not be effective durPq.ge 379§ 61.113 Title ·14-Civil Aviation ing program required by §§ 61.131 to (b) When a pilot has flown in sched- ,61.135, his ability to pilot and navigate ,uled air transportation service in excess by instruments an aircraft of a make .! of 8'hours during any 24 consecutive and model to be flown by him in the hours, he shall receive 24 hours of rest air carrier· service. Additional checks before being assigned any duty with themay be required by the Administrator air. carrier. Time spent in deadhead at his discretion. transportation to- duty assignment shall [Arndt. 61-3.5, 7 F:. R. 3357, as amended by notbe consider:edpart of suchrestperiod. 4rridt. 61-:37, 7 F. R. 6632. Arodt. ar--5,

_10 (c) A pUot shall not fly in eXcess of F. R. 10165] 30 hours during any 7, consecutive days. § 61.113 Route competency. No first ReUef from**a~l** duty for not less than 24 pilot shallbe deemed competent OVer any >consecutive hours shall be provided for route or part thereof unless he has met and givento such pilot atleast once durthe -appropriate ,minimum requirements ing any 7 consecutive**days~** of Part 40 of this subchapter and has (d) A pilot shall not fly in scheduled maintained his route competency as pro- au'transportation service as a member vided in this part. of the crew mOTe than 100 hours in any [Amdt."61-6, 12" F.,R. 3171] one month: Provided-, That the Admin-

§ 61.114 Maintenance 

### at pilot r01Lte
- istrator is authorized, 'during the present qualification. Afte r 12 consecutive war and until 6 months after the termimonths' absence from flight duty over a nation thereof, to permit the -maximum route or part thereof a first pilot

_ will of 100 hours to be'exceeded to the extent no longer be deemed competent for the necessary to complete a particular flight carriage of persons in air transporta- for military purposes. tion service over such routes or part (e) A pilot shall not fly in scheduled thereof unless he has requalified in ac- air**tr~nsportation** service as a member cordance with the provisions of § 40.87 of the crew,more than 1,000 hours in any (b) of this SUbchapter. one calendar year-: Provided, That this [Arndt. 61-8, 11 F. R. 5646,**577~1** limitation shall not be effective dUring the present war and,until 6months after §-61.115 Logging flight time. A first the termination thereof, and that during pilot shall log the total actual-flight time this period the maximum flying hours elapsing during his command of the air- permitted in anY .one calendar year shall craft. be controlled ljy the provisions of para-

§ 61.116 'Logging instrument fiight time. Instrument flight time may be logged as such only when the aircraft is flown solely by reference to instruments either under actual or properly sirriulated flight conditions. (Over-thetop flying shall not be logged as instru- 'ment flight time.) § 61.117 Flight_ time limitations. The following rules prescribe the fiight time liniitationS for all pilots in scheduled air transportation: (a) A-pilot may be scheduled to :fly 8 hburs or less during any 24 consecutive hours, without a rest period during such 8hours. If such pilot be scheduledto fly

. in excess of 8 hours during any 24 con-

secutive hours, he shan be given an intervening _rest period at or before theterinination of 8**schedu~ed** hours of flight duty. Suchrest period shall equal at least twice the nmnber of hours flown since the last preceding rest period and in no case shall such rest period he less than 8 hours. During such rest period,

.the pilot shall be relieved of all duty w1th the air carrier. Page 436 graph (d) of this section. (f) The foregOing flight time limitations shall not be applicable when a pilot is qualifying on a regular route, or alternate route, over which such pilot is not qualified.

(g) A pilotshall not do other commer- cial flying while employed by an air carT!er when such flying, in addition to tha,t in scheduled air transportation service, will exceed any flight.time limitations specified in this section. [Amdt. 61-39, 7. F. R. 7478] SECOND PILOT § 61.121 When required. A second pilot will be required in the following cases when passengers are carried:

(a) When the aircraft used is of a**de~** sign incorporating multiengine features, combjned with retractable landing gear or wingflaps or of a single-engine design incorporating both' retractable landing gear and wing flaps, or

(b) When the first pilot is required to fly 5 or more hours during any 24 cou-

# 1~ ()5L

# ~ LjD)()2l() (37) "public aircratt"- (A) means an aircraft- (i) used only for the United States Government· or (ii) owned and operated (except for commercial purposes), or exclusively leased for at least 90 continuous days, by a government (except the United States Government), including a State, the District of Columbia, or a territory or possession of the United States, or political subdivision ofthatgovernment; but (B) does not include a government-owned aircraftor (i) transporting property for commercial purposes; (ti) transporting passengers otherthan- (1) transporting (fer other than commercial purposes) crewmembers or other persons aboard the aircraft whos\, presence is required to perform, or is associated with the performance ot; a governmental functiol! such as firefighting, search and rescue, law enforcement, aeronautical research,· or biological or geological resource management; or (II) transporting (for other than commercial purposes) persons aboard the aircraft if the aircraft is operated by the Armed Forces or an intelligence agency ofthe United States. An aircraft described in the preceding sentence shall, notwithstanding any limitation relating to use of the aircraft

. for commercial purposes, be considered to be a public aircraftfor the purposes ofthis part without regard to whether the aircraft is operated by a unit of government on behalf of another unit of government, pursuant to a cost reimbursement agreement between such units of government, ifthe unit of government on whose behalfthe operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation was

, necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator was reasonably available to meet the threat.·

.

# 4Cf USC

- (37) "punlic aircraft" means any ofthe following: (A) Except withrespect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided in section 40125(b)_ (B) An aircraft owned by the Government and operated by any person for purposes related to crew training, eqnipment development, or demonstration, except as provided in section 40125(b)_ (C) An aircraft owned and operatedby the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, except as provided in section 40125(b). (D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of Columbia, or a territory or possession ofthe United States or a political subdivision of one of these governments, except as provided in section 40125(b). (E) An aircraft owned or operated by the armed forces or chartered to provide transportation to the armed forces u!':der the conditions specified by section 40125(c).§40125. Qualifications for public aircraft status (a) DEFINITIONS.-In tbis section, the following definitions apply:

. '. (1) COMMERCIAL PURPOSEs.c:-;"The term "commercial purposes" means the**(1ransportatio~** .of persons or property for compensation or hlie, 

### but does not include theoperation of an**air~·oy** the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one government on behalf of another government under a cost reimbursement agreement if the government on whose behalfthe operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation is necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator is reasonably available to meet the threat. (2) GOVERNMENTAL FUNCTION.-The term "governmental function" means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners,

.detainees, and illegal aliens), aeronautical research, or biologicalor geological resource management. (3) QUALIFIED NON-CREWMEMBER.-The term "qualified non-crewmember" means an individual, other than a member ofthe crew, aboard an aircraft--

. (A) operated by the·armed forces or an intelligence

agency ofthe United States Government; or (B) whose presence is required to perform, or is associated with the performance of, a governmental function. (4) ARMED FORcES.-The term "armed forces" has the meaning given such termby section 101 oftitle 10. (b) AIRCRAFT OWNED BY GOVERNMENTS.-An aircraft described in subparagraph (A), (B), (C), or (D) ofsection 40102(a)(37) does not qualifY as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-,crewmember. (c) AIRCRAFT OWNED OR OPERATED BY THE ARMED FORCES.- (1) IN GENERAL.-Subject to paragraph (2), an aircraft described in section 40102(a)(37)(E) qualifies as a public aircraft if-

. (A) the aircraft is operated in accordance with title 10; (B) the aircraft is operated in the performance of a governmental function under title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or (C) the aircraft is chartered to provide transportation to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation of the aircraft as being required inthe national interest. c (2) LIMITATION.-An aircraft that meets the criteria set forth in paragraph (1) and that is owned or operated by the National Guard of a State, the District ofColumbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control ofthe Department ofDefense.

# Westikw. 49 U.S.C.A. § 40102

United States CodeAnnotated Currentness

Title 49. Transportation (Refs & Annos)

SubtitleVIT. AviationPrograms Effective: January28, 2008

PartA. Air Commerce and Safety (Refs & Annos)

'Ill Subpart 1. General

'Ill Cbapter 401. General Provisions (Refs & Annos)

... § 40102. Definitions

. (a) Geueral defiuitions.--In this part-- 

# **"* (41) "publicaircraft" means any ofthe following: 

### Page 2 of25

Page 1

(A) Except with respect to an aircraft described in subparagraph (E), an aircraft used only for the United States Government, except as provided.in section40125(b):

. (B) An aircraft owued by the Government and operated by any person for purposes related to crew training,**equip~** ment development, or demonstration, except as provided in section4012S(b)

.. (C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession ofthe United States or apolitical subdivision ofone ofthese governments, except as provided in section40125(b). (D) An aircraft exclusively leased for at least 90 continuous days by the government of a State, the District of ·Columbia, or a territory or possession of the United States or a political subdivision of one of these governments, exceptas provided in section 40125(b). (E) An aircraft owned or operated by the armed forces or chartered to provide transportation or oilier commercial air service to the armed forces under the conditions specified by section 40125(c). In the preceding sentence, the term "other commercial air service" means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is. available for compensation or hire to the public, and (iii) must complywith all appliCable civil aircraftrules under title 14, Code ofFederal Regulations.

# Westlavv; 49 U.S.C.A. § 40125



# c
United States CodeAnnotated CUlTentness

Title 49. Transportation (Refs & Annos)

SubtitleVIT. AviationPrograms Effective: January 28, 2008

Part A. Air Commerce and Safety (Refs & Annos)

"Ill Subpart I. General

"Ill Cbapter 401. General Provisions (Refs & Annos)

... § 40125. Qualifications for public aircraft status (a) Definitions.--In this section, the following definitions apply: 

### Page 2 of4

Page 1

(1) Conunercial purposes.--Tbe term "commercial purposes" means the transportation of persons or property for compensation or bire, but does not include the operation of an aircraft by the armed forces for reimbursement wben that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999, or by one govermnent on bebalf of anotber govermnent under a cost reimbursement agreement if the govermnent on whose bebalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that tbe operation is necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private operator is reasonably available to meet the threat. ' (2) Governmental function.--Tbe term "govermnental function" means an activity undertaken by a government, sucb as national defense, intelligence missions, firefigbting, searcb and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, or biological or geological resource management. (3) Qualified non-crewmember.--The term "qualified non-crewmember"**m~ans** an individual, other tban a member ofthe crew, aboard an aircraft--

(A) operatedby the armed forces or an intelligence agency ofthe United States Government; or (B) wbose presence is required to perform, or is associated with theperformance of, a govermnental func- tion. (4) Armedforces.--Tbe term "armed forces" has tbe meaning given sucb term b)\ section 101oftitle 10.

© 2011 TbomsonReuters. No Claimto Orig. US Gov. Works.



### httn://web2.westlaw.com/print/printstream.aspx?rs=WLW11.01&destination=atp&prft=HT... 3/7/2011

### Page 3 of4

49 U.S.C.A. § 40125 Page 2

(b) Aircraft owned by Governments.--An aircraft described in subparagraph (A), (B), (C), or (D) of section 40102(a)(41) does not qualify as a pnblic aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or aqualified non-crewmember. ( c) Aircraft owned oroperatedby tbe armedforces.--

(1) In general.--Subject to paragraph (2), an aircraft described in section 40102(a)(41)(E) qualifiesas a public aircraft if--

(A) the aircraft is operated in accordance with title 10; (B) the aircraft is operated in the performance of a governmental fnnction nnder title 14, 31, 32, or 50 and the aircraft is not used for commercial purposes; or (C) the aircraft is chartered to provide transportation or other commercial air service to the armed forces and the Secretary of Defense (or the Secretary of the department in which the Coast Guard is operating) designates the operation ofthe aircraft as being required in the national interest. (2) Limitation.--An aircraft that meets the criteria set forth in paragraph (I) and that is owned or operated by the National Guard of a State, the District of Columbia, or any territory or possession of the United States, qualifies as a public aircraft only to the extent that it is operated under the direct control of the Department of Defense. CREDIT(S) (Added PUb.L. 106-181, Title 

### vn, § 702(b)(I), Apr. 5, 2000, 114 Stat. 155, and amended Pub.L. 110-181, Title X, § 1078(b), (c), Jan. 28, 2008,122 Stat 334.) , mSTORICALAND STATUTORY NOTES RevisionNotes andLegislativeReports 2000 Acts. House Conference Report No. 106-513 and Statement by President, see 2000 U.S. Code Congo and Adm. News, p. 80.
2008 Acts. Statementby President, see 2008 U.S. Code Congo and Adm. News, p. S3.

Amendments 2008 Amendments. Subsec. (b). Pub.L. 110-181, § 1078(c)(1), struck out "40102(a)(37)" and inserted

© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.

1-.++n·1 Imp},')**",,>dl~w** 

### c.nminrint/nrintstream.aspx?rs=WLW11.01&destination=atp&prft=HT... 

### 3/7/2011

### Page 40f4

49 U.S.C.A. § 40125 Page 3

"40102(a)(41)".
Subsec. (c)(l). Pub.L. 110-181, § 1078(c)(2), struck out "40102(a)(37)(E)" audinserted "40102(a)(41)(E)".
Subsec. (c)(l)(C). Pub.L. 110-181, § 1078(b), inserted "orother commercial air service" after "trausportation".

Effective audApplicability Provisions 2000 Acts. Enactment by Pub.L. 106-181 applicable only to fiscal years beginning after September 30, 1999, see section 3 ofPub.L. 106-181, set out as a note under section 106 ofthis title.
Transfer ofFunctions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities aud functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, aud for treatment of related references, see 6 U.S.CA §§ 468(b), 551(d), 552(d) aud 557, aud the Department of Homeland Security ReorgauizationPIau ofNovember 25,2002, as modified, set out as a noteunder 6 U.S.C.A. § 542.
LIBRARYREFERENCES AmericanDigest System Aviation

### <€? 72. Key Number System Topic No. 48B. 49 U.S.C.A. §40125, 49 USCA § 40125
Current through P.L. 111-382 (excluding P.L. 111-296, 111-309, 111-314, 111-320, 111-350, 111-358, and 111-377) approved 1-4-11 Westlaw. (C) 2011 ThomsonReuters. No Claim to Orig. U.S. Gov!. Works. END OF DOCUMENT

© 2011 ThomsonReuters. No Claim to Olig. US Gov. Works.