coming a public hazard by undertaking operations for which his skill and experience did not fit him. The instructor rating, on the other hand, is designed to promote safety by permitting only those of demonstrated ability to teach students, thus improving the caliber of the student pilots who are permitted to fly solo. An instructor rating may be secured only after passing a rigid flight test to determine whether the applicant has the extraordinary flying ability which must be required of an instructor and also has the ability to impart his knowledge of flying to students.

I. RATING OF SCHOOLS

The act provides for an additional method of improving the caliber of flight instruction and indirectly the competence of the pilot. Section 607 authorizes the examination and rating of flight and ground schools for pilots and the issuance of certificates of approval for them. Upon application and after thorough examination of the curriculum, facilities, equipment, and instruction staff of the applicant, the school is rated and issued a certificate of approval, if it qualifies. By reason of this careful examination and approval, it is possible to permit the graduates of such flight and ground schools to secure pilot certificates for which they apply under slightly less rigorous conditions than those who have been trained by individual instructors or by unapproved schools.

J. AIRCRAFT CERTIFICATES

With respect to the control of the airworthiness of aircraft, the act authorizes the establishment by regulation of minimum standards of construction and performance which all aircraft must meet and requires that before any aircraft can be flown in air commerce it must hold an airworthiness certificate. Naturally, before a certificate can be issued that a particular aircraft is airworthy, it is necessary to submit the aircraft to thorough engineering studies of the design of the aircraft, extensive stress analyses, and flight tests. Clearly, each individual aircraft cannot be subjected to these exhaustive tests because many of such tests require that particular structural members of the aircraft be broken up in order to determine how much stress they are capable of undergoing. Consequently, the act provides for the issuance of two kinds of certificates to manufacturers of aircraft so that the eventual certification of the individual model can be made after merely a visual inspection. The system provided by the statute is as follows:

A manufacturer of an aircraft first submits the basic designs for the airplane he proposes to make. These designs are carefully examined and if from them it appears that the airplane proposed will be an airworthy one, one is submitted for examination and flight testing. If it appears after this that the airplane is airworthy, the manufac turer receives what is known as a type certificate. It certifies that the particular model of aircraft set forth in the designs is an airworthy aircraft. Then, of course, the next problem is to make certain that, if other units of this model are made, they be identical with the model which was thoroughly tested. The manufacturer therefore applies for what is referred to in the statute as a production certifi

cate. If, after examination of his plant, equipment, facilities, and inspection system, it is determined that he is adequately equipped to produce identical units of the tested model, this production certificate is issued. Then the manufacturer may proceed to make identical units of the tested model. Thereafter, based upon this production certificate, the continued inspection of the manufacturer's operations, a certified statement by him that each individual aircraft is made in accordance with the specifications upon which the type certificate was issued, and a visual inspection of each aircraft by an inspector, an airworthiness certificate is issued for each individual unit.

I go into that in detail because there is often a misunderstanding about the large amount of work involved in the use of engineering talent before an airplane is actually certified as airworthy and ready for flight.

K. MECHANIC CERTIFICATES

In order to assure the continued maintenance of an airplane in an airworthy condition, the act provides that all aviation mechanics must hold a certificate of competency before performing work in connection with an aircraft used in air commerce. Before receiving such a certificate the applicant must secure experience under the supervision of a certificated mechanic and must pass rigid written examinations and practical tests. In addition, in order to provide for adequate training of mechanics, the act provides for the rating and certification under section 607 of mechanics training schools. As in the case of flying schools, such ratings and certificates are issued only after careful examination of the equipment, facilities, curriculum, and instructors of the applicant.

L. REPAIR STATION CERTIFICATES

In addition to these provisions for the maintenance of airworthiness of airplanes, the act provides for the rating and certification of repair stations engaged in the overhaul, repair, and alteration to aircraft. The applicant for such a rating and certificate must submit to a thorough inspection of his equipment, facilities, personnel, and organization before a certificate may be given him.

M. AIR CARRIER SAFETY

As I have indicated, the promotion of safety in non-air-carrier operation is directed primarily toward securing competent pilots and airworthy aircraft. Those same objectives control in part the regulation of air carriers, but the regulations impose additional requirements with respect to the operating practices and procedures of the air carriers.

As a basis for the regulation of air carriers the statute requires all air carriers engaged in air transportation to hold an air carrier operating certificate. This certificate, of course, is in addition to the certificate of public convenience and necessity which has been discussed heretofore. It certifies that the air carrier is properly and adequately equipped and able to conduct a safe operation. In connection with the issuance of this certificate detailed regulations are prescribed imposing requirements dealing with the qualifications of the carrier's

pilots, dispatchers, and mechanics, the type of aircraft to be used, the manner in which such aircraft are to be maintained, the route over which the air carrier must operate, the manner of operating over the route, and the weather conditions which must prevail before operations may be conducted.

All first pilots must hold an air line pilot certificate given only after a showing of long experience and the completion of a rigid examination. All copilots must hold at least a commercial pilot certificate with an instrument rating. All mechanics doing unsupervised mechanical work on the carrier's equipment must hold mechanics' certificates, and all dispatchers must hold certificates given only after a showing of experience in related work and the satisfactory completion of examinations designed to test the applicant's qualifications for the particular work.

In order to provide for the assistance of the carriers in the safe conduct of their operations and to provide for the enforcement of the regulations dealing with air carriers, a field staff of inspectors constantly inspects the equipment and facilities and the operating and maintenance procedures of the carriers and examines their personnel.

N. AIR TRAFFIC RULES

Heretofore I have mentioned various types of safety regulations such as those which relate to the overhaul, repair, and alteration of aircraft; those which govern the operation o fair carriers; and those which relate to the privilege which may be exercised by the pilots holding certificates of particular classifications. In addition there are rules for the conduct of air traffic. They include requirements as to the minimum altitudes at which aircraft may fly, the weather conditions under which particular types of operation may be conducted, and procedures to be followed by aircraft flying in areas congested with other air traffic. As an aid to the regulation of air traffic the act requires all persons engaged as air traffic control operators to hold certificates of competency.

O. ENFORCEMENT OF SAFETY RULES

The enforcement of the safety provisions of the act and the safety regulations I have been discussing is accomplished as provided in the act by the use of three methods-the imposition of civil penalties and the suspension or revocation of safety certificates when the holders have demonstrated themselves unqualified to hold them. Section 901 of the act provides that a penalty of not to exceed $1,000 may be imposed for violation of any provision of titles V, VI, or VII of the act. Provision is also contained in that section for the compromise of the penalty in an amount deemed commensurate with the gravity of the offense committed. Thus if a violation of a regulation occurs, the penalty to which the violator is liable may be compromised without litigation at a proper amount. If the violator does not wish to compromise, then the case is sent to the Attorney General in order that he may refer it to the proper district attorney for suit. If a civil penalty does not appear to be appropriate in case of a particular violation, the certificate involved may be suspended under section 609 of the act, or if the holder of the certificate has demonstrated unfit

ness to hold his certificate, the certificate may be revoked. Suspension or revocation of a certificate under section 609 can only be effected after providing the holder of the certificate a full opportunity for a hearing.

P. PROCEDURE USED IN FORMULATING REGULATIONS

One thing should be said about safety regulation generally at this point to indicate the importance of the function and the method of administering it. The present safety regulations dealing with both air-carrier and non-air-carrier flying have been worked out through many years of experience by the agency charged with adopting such regulations and as time has passed and new developments have taken place in aeronautics, the regulations have been altered to give effect to these changes. We have attempted to follow this same practice in adopting and amending regulations under the Civil Aeronautics Act. The need for any regulation appears in various ways. The investigation of an accident will reveal the need. Some member of the industry will point out how a particular regulation is faulty either because it is unduly burdensome or fails to provide for safety as affectively as it might. The administration of the regulations themselves points out faults in them.

Whenever it becomes necessary to enact a new regulation or make an amendment to an existing one, the regulation is first carefully worked out here in Washington, at the office of the agencies. Then if the amendment is other than a purely clarifying change, the industry is given an opportunity to examine the regulation and to criticize it in writing and in some cases meetings are held where they criticize it orally before our staff. We attempt to draw upon the knowledge and experience of all of those whose comments will be valuable in working out a sound regulation. When all this is done, we take the action that we feel is appropriate under all these circumstances.

All of this seems to be a time-consuming process but we have found it extremely valuable and necessary. It must be considered that the imposition of the regulation on the industry many times has a substantial impact upon the pocketbooks of those who are subject to the regulation. For example, after receiving the comments and advice of those who were in a position to make valuable comments, we adopted a regulation about a year ago requiring the air carriers to install full-feathering propellers on all their aircraft-that is, propellers which will turn so that there will be the minimum of resistance to the wind if the propeller is not rotating. This cost the industry thousands of dollars, but the investment was made without substantial complaint anywhere because everyone realized that this was a substantial contribution to safety in air-carrier operations. Another example are the changes in regulations which affect the design and construction of new aircraft. It is particularly necessary here that the regulations adopted be sound ones for the industry necessarily has to rely upon them in designing aircraft the development of which may run into millions of dollars. We rarely hold hearings on regulations but we accomplish the same purpose by giving those who will be affected by the regulation a full opportunity to comment on it in writing, and as I have indicated in many cases orally as well.

Q. ACCIDENT INVESTIGATIONS

In talking about the safety provisions of the act up to the present time I have been dealing entirely with safety regulation which is accomplished through the issuance of certificates, the promulgation of rules and regulations and their enforcement. The act goes further, however, in providing for safety in air commerce by requiring the conduct of accident investigations and specifically directs that the facts, conditions, and circumstances relating to each accident and the probable cause thereof be reported. It also makes clear that the purpose of all accident investigation is to determine how similar accidents can be prevented in the future. The statute implements the power to investigate by authorizing the issuance of regulations requiring the reporting of all accidents and by providing that the wreckage resulting from an accident can only be disturbed or moved in accordance with regulations issued under the act.

These provisions were wisely drawn because experience under the Civil Aeronautics Act has demonstrtated that it is a rare case when the investigation of a major accident does not reveal new means by which air navigation can be made safer. The act recognizes that it is impossible for an industry or agency to foresee in advance all of the eventualities which may some day combine to cause an accident.

R. THE FEDERAL AIRWAYS

An additional and extremely important aid to safety in air navigation is also provided in the portions of the Civil Aeronautics Act which authorize the construction and operation of the Federal airways. This work was started under the Air Commerce Act of 1926 and has been continued under the Civil Aeronautics Act until at the present time the country is covered by a network of airways which provide for the guidance from place to place of private and air-carrier aircraft and particularly at this time of military aircraft. The standard airway consists of beacons, emergency fields, and radio ranges at regular intervals and teletype circuits providing weather and air-traffic-control information along the route. Thus a pilot who starts out on a clear night to fly from here to Pittsburgh, can follow the line of beacons to his destination and can know as he flies along that at regular intervals emergency landing fields are provided. Or if it is a cloudy night the pilot can follow the steady path of the radio range signals and reach his destination without ever seeing the ground. Moreover while weather information can no longer be broadcast as it was in peacetime, the pilots can secure weather information along the route in code at any time they want it.

S. TECHNICAL DEVELOPMENT WORK

The act also provides for the conduct of developmental work and service testing of aircraft, aircraft equipment and air navigation facilities. A good example of that work are the experiments which have been conducted in the past years with a blind-landing system— a device which is designed to increase safety in landing in bad weather and increase the regularity with which the air lines meet their schedules. At the present time the radio range permits an