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volume of these can be had by noting that the Certificate Section has processed a total of 234,030 actions during the fiscal year 1942, including 86,485 active pilots, 112,908 student pilots (including 56,285 training under the C. P. T. program), 157 glider pilots, 16,100 mechanics, 736 parachute riggers, 6,309 ground instructors, 957 air traffic control tower operators, and 478 aircraft dispatchers. This is an increase of 55,970 cases over the fiscal year 1941, representing approximately 32 percent. Since January 1942 there have been 86,462 airman identification cards processed and it is anticipated an additional 50,000 will be received for processing within the next 6 months.

The Certificate Section is also charged with the issuance of foreign flight authorizations (for United States registered aircraft) and foreign aircraft permits (for foreign registered aircraft), which involves communication with the Department of State for clearance of United States registered aircraft over and into foreign countries and the flight of foreign registered aircraft over United States territory; the War Department in connection with notice to their interceptor commands; with the Air Carrier Division and the Civil Aeronautics Board, through the Acting Assistant General Counsel, for determination as to whether the flight is in conflict with their scheduled air carrier regulations; and in instances where the Navy Department may be interested, with that Department.

In addition, the following certificates are issued by direction of the Administrator and are on deposit in the Certificate Section: Student pilot certificates, private pilot certificates, commercial pilot certificates, air line transport pilot certificates, mechanic certificates, airtraffic control-tower operator certificates, dispatcher certificates, ground instructor certificates, parachute technician certificates, parachute loft certificates, aircraft registration certificates, aircraft airworthiness certificates, certificates of airworthiness for export, repair station certificates, mechanic school certificates, and flying school certificates.


Probably all civilian agencies of the Federal Government are making substantial contributions to the war effort, but it is doubtful that any regular agency is making a contribution proportionately greater than that of the Civil Aeronautics Administration. The contributions of other units of C. A. A. may be more obvious and, therefore, it is desired to give the following analysis of the work of the Safety Regulations Service. It will be noted that 54 percent of the total activity is a direct contribution to the war effort. Air-carrier inspection requires 18 percent of the activity. Yet it has been conservatively estimated that three-quarters of scheduled air-carrier transportation is war-connected. Certainly more than half the miscellaneous civil flying has to do with war work or preparation therefor. If this be granted it can be conservatively estimated that at least 77 percent of the activity of the Safety Regulations Service is directed toward the war effort.

Work-load table, Aircraft Engineering Safety Regulation, as of Aug. 15, 1942

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Includes the 21 persons assigned to Wright Field. ? Includes work in connection with emergency regulations (approximately 20 percent or equivalent to 46 employees).

NOTE 1.-(a) Work-load table does not include office of Director or superindendents of safety regulation; (6) the first column under each division represents the percentage of work as obtained from statistical reports; (c) the second column under each division represents the equivalent number of personnel and is obtained by multiplying the work-load percentage for each agency by the actual employed personnel as of Aug. 15, 1942; (d) a vacancy is counted from time employee leaves work regardless of how much annual leave remains.

NOTE 2.-A. N. C. refers to the Army-Navy-Civil Committee on Aircraft Design Criteria and is considered as a separate item from Army, Navy, or Miscellaneous Civil as it applies to all.

NOTE 3.-The above figures should not be interpreted to imply that the same proportionate amount of total personnel could be available for other work if same agency's work was withdrawn. For example: Army withdrawal would leave only 26 percent, or equivalent of 18 persons, in Flight Engineering. This number could not provide geographical coverage required for other duties.

Now, I have gone through in a general way the functioning of our safety regulations. •

It is possible, Mr. Chairman, that because of this situation, you might prefer that I furnish you a statement for the record on the work of the Federal Airways Service; the work of the Airport Division, and the work of the War Training Service. If you would rather I would do that than discuss it further here, I shall be glad to do so.

The CHAIRMAN. Well, we would be very glad to have you do that. Every witness has the privilege of extending his remarks here, so that he explains himself thoroughly, and if it is desirable, we will be glad to have you place a statement in the record.

Mr. STANTON. Are there any questions that you care to ask? If there are any questions that you have or that anyone else would like to ask concerning these other functions of our work, I would be glad to answer them at this time. Otherwise I will furnish you with a statement for the record which will take them up more or less in the same fashion that we have taken up the matter of the safety regulation functions.

The CHAIRMAN. Yes; that will be satisfactory. I wish you would briefly tell us the procedure in case of an air accident. What happens when you have an air accident? How do you take hold of that question?

Mr. STANTON. Of course, there are many kinds of accidents. If the accident is a relatively minor one which does not involve the loss of life or serious injury, an inspector generally makes the examination




and report. Sometimes an investigator from the Safety Bureau of the Civil Aeronautics Board also goes. If not, the C. A. A, inspector's report is furnished to the Safety Bureau.

Now, if it is an accident to a scheduled air carrier involving a loss of life, the Safety Bureau of the Civil Aeronautics Board, which has jurisdiction, makes the official investigation and report to the Board. However, the Civil Aeronautics Administration is also concerned, and an air carrier inspector and any other inspectors that are available and could be helpful are immediately dispatched to investigate all of the circumstances and to assist in any way requested in the investigation of the Safety Bureau. C. A. A. inspectors also render their reports to the Civil Aeronautics Administration, because there are times-even before the final determination of the probable cause of the accident has been officially made-in which obviously unsatisfactory conditions may be observed in connection with accidents which can be changed immediately so as to lessen the likelihood of some future similar accident.

Now, when a ship is reported missing, the whole machinery goes into effect. There is an emergency call which goes to our communications stations and the communications stations nearest to the place where the airplane appears to have disappeared, or, at least, was last heard from, immediately sends word out to all stations which might be within listening range of that aircraft's radio, to maintain a continuous and close watch, listening watch, for any message from that aircraft until about an hour after its supply of gasoline is known to have been exhausted. At the same time the Airways Communications group immediately checks up and monitors all of the radio facilities which may be usable by that aircraft, presuming ii is lost and has not crashed, and all possible discrepancies in the operations of radio facilities are noted with the intent to apprise the aircraft of anything unusual so that he may be helped out of trouble

Then when finally the time has passed beyond which the airplane's gasoline supply cannot last, or when it is definitely known that the airplane has met with an accident, at a certain point, the inspectors of the Civil Aeronautics Administration move in to protect the wreckage and to give any assistance they can, if assistance can be given, and to work with the investigators of the Civil Aeronautics Board in getting all of the evidence which will help to determine the cause of the accident.

The CHAIRMAN. There has been some suggestion that the procedure followed was in the nature of a duplicate investigation. To what extent is there duplicate investigation by the organization, including the Safety Bureau, the C. A. B., and yourself!

Mr. STANTON. Well, the official jurisdiction is in the Civil Aeronautics Board. I do not know that you can call it a duplication. It is a joint investigation. And, many of the Civil Aeronautics Administration employees are needed as witnesses by the Civil Aeronautics Board investigators.

We have an immediate report from our investigators as to what they have found which serves as a guide to the Administration in taking any measures that it appears might tend to prevent anything of the kind happening in the future.

The CHAIRMAN. In case of a serious accident, does more than one group conduct a formal examination or questioning of witnesses ?

Mr. STANTON. No, sir. The Civil Aeronautics Board conducts the official formal hearing at which time the testimony is taken. Of course, during the last 2 years, the select committee of the House of Representatives has also conducted a formal investigation of each accident; but the Civil Aeronautics Administration does not conduct any hearings.

The CHAIRMAN. So, only one formal investigation is made by the Civil Aeronautics Board or the Administrator, or the whole organization; is that right?

Mr. STANTON. That is right.

The CHAIRMAN. Well, we thank you Mr. Stanton. There is one question about the test flights that you referred to a while ago; testing out the new planes, or revamped planes. What pilots operate the machinery in those flights?

Mr. STANTON. The pilots of the Civil Aeronautics Administration, test pilots of the Civil Aeronautics Administration.

The CHAIRMAN. I presume that is always in the presence of the manufacturers or their representatives?

Mr. STANTON. Yes, sir.
The CHAIRMAN. Thank you.
Mr. STANTON. Thank you.

The CHAIRMAN. We will stand adjourned until 10 o'clock tomorrow morning. Just one moment. It has been called to my attention that Mr. Tipton, representing the Civil Aeronautics Board, has presented to the committee a section by section analysis of this bill, in which the bill is discussed from a legal standpoint. That brief will be included in the record, and we will be glad to have the members ask Mr. Tipton any questions they may see fit upon that question. Each member has already been provided with a copy of that statement.

Probably we will call you later, Mr. Tipton.
Mr. TIPTON. Thank you.

The CHAIRMAN. And, I will say that I am grateful to Mr. Tipton for the aid he gave us in the preparation of this bill and the aid he is continuing to give in giving us advice and information, and giving us the benefit of his experience.

Mr. TIPTON. Thank you Mr. Chairman. (The brief referred to is as follows:)


Prepared by S. G. Tipton, Assistant General Counsel, Civil Aeronautics Board


In the following statement I will discuss H. R. 1012 section by section showing the effect of each section and its relationship to the existing provisions of the Civil Aeronautics Act of 1938. It will be necessary in some cases to discuss a number of sections at one time because many of them which deal with broad subjects are interrelated.


Section 1 of the bill provides for certain reports to Congress. Subsection (a) of that section requires the Civil Aeronautics Board and the Postmaster General each to submit a report to Congress within 1 year from the effective date of the bill with respect to the feasibility of transporting all mail by air whenever the delivery of the mail would be speeded. Subsection (b) requires the Civil Aeronautics Board to report to Congress concerning the probable technological and commercial developments in air commerce which may be anticipated during the immediate post-war period. The Board is required to include in this report a study of the feasibility of transporting cargo by air. The report must be filed within 1 year from the effective date of the bill or as soon thereafter as possible.


Section 2 of the bill amends the definition of air carrier as it appears in the present act. The amendment has no substantive effect. Its purpose is entirely clarifying. The amendment would make clear that a forwarder by air is included within the definition of air carrier. This committee in its report on the freight forwarder legislation indicated this to be the proper construction of this section in stating in that report that freight forwarders by air were wholly covered in the Civil Aeronautics Act of 1938. The Board has also held in a case involving the Universal Air Freight Corporation that a forwarder by air is an air carrier.

The further purpose of the amendment is to clarify the proviso which now appears at the end of the definition of air carrier. It now provides that the Board may relieve air carriers who are not directly engaged in the operation of aircraft from the provisions of the act. You usually think of the word “relieve" as meaning the elimination of a burden. Thus the present language might be subject to the construction that if a particular provision of the act conferred a benefit on an indirect air carrier, the Board could not make that provision inapplicable to it if the public interest so required. The amendment would make it clear that this could be done by stating that the Board may make the provisions of the act inapplicable to air carriers who are not directly engaged in the operation of aircraft.


Section 3 of the bill amends the definition of air commerce as it appears in the present act. The present section includes within the definition of that term three types of operation: First, interstate and foreign commercial operation by aircraft; second, all operation on a civil airway whether the operation is interstate or not, and third, any operation which might directly affect or endanger safety in interstate or foreign commercial operation. The amendment would make it clear that any aircraft operation in the United States is subject to safety regulation by the Board. You will note that the section says that the term "air commerce" will include the operation or navigation of aircraft upon any landing area in the United States or in the air space overlying the United States. The change as set forth in the definition of air commerce, while of the utmost importance, is actually a clarifying change. As I pointed out previously, the present definition includes within its scope all operations, whether intrastate or interstate, which might directly affect or endanger safety in interstate or foreign operation. In view of the factual situation which was ably described by Colonel Gorrell in his testimony, there can be no operation of aircraft in this country which does not potentially affect interstate operation. However, from the legal standpoint, this amendment is essential because it makes it clear to everyone concerned that all aircraft operation must be conducted subject to the uniform Federal regulation.


I am going to leave out for the time being section 4 of the bill which defines an air contractor, because this section can be better discussed under the general provisions dealing with contractors which I will reach later. Section 5 of the bill amends the definition of foreign air carrier to make it clear that this definition includes forwarders. It has the same purpose as the amendment to the definition of air carrier that I have discussed previously.


Section 6 of the bill amends the present definitions of interstate, overseas, and foreign air commerce. The purposes of this amendment are to define the air contractors who will be regulated and to define the operations which will be covered by the liability provisions because the only place in the bill in which these terms are used are in the provisions dealing with liability and with the

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