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and their arrangement and with respect to the arrangement and motion of controls critical to safety, unless the Administrator determines that adequate training programs have been established to insure that any dissimilarities which might be a potential hazard will be safely overcome by flight crew familiarization.
(b) The pertinent provisions and procedures affecting the carriers involved shall be included in their manuals.
DISPATCHING RULES
§ 40.381 Necessity for dispatching authority. No flight shall be started without specific authority from an aircraft dispatcher, except when an airplane has landed at an intermediate airport specified in the original dispatch release and has remained there for one hour or less.
§ 40.382 Familiarity with weather conditions. No aircraft dispatcher shall release a flight unless he is thoroughly familiar with existing and anticipated weather conditions along the route to be flown.
§ 40.383 Facilities and services. The dispatcher shall furnish to the pilot in command all available current reports or information pertaining to irregularities of navigational facilities and airport conditions which may effect the safety of the flight. He shall also furnish the pilot, while en route, any additional available information concerning meteorological conditions and irregularities of facilities and services which may affect the safety of the flight.
§ 40.384 Airplane equipment required for dispatch. All airplanes dispatched shall be airworthy and shall be equipped in accordance with the provisions of § 40.170.
§ 40.385 Communications and navigational facilities required for dispatch. No aircraft shall be dispatched over any route or route segment unless the communications and navigational facilities required by 40.34 and 40.36 are in satisfactory operating condition.
§ 40.386 Dispatching under VFR. Airplanes shall be dispatched for operation under VFR only if the appropriate weather reports and forecasts, or a combination thereof, indicate that the ceilings and visibilities along the route to be flown are, and will remain, at or above the minimums required for flight under VFR until the flight arrives at the airport or airports of intended landing specified in the dispatch release.
§ 40.387 Dispatching under IFR or over-the—top. Aircraft shall be dispatched for operation under IFR or over-the-top only if the appropriate weather reports and forecasts, or a combination thereof, pertaining to the airport or airports to which dispatched indicate that the ceilings and visibilities will be at or above the minimums approved by the Administrator at the estimated time of arrival thereat.
§40.388 Alternate airport for departure. (a) If the weather conditions at the airport of take-off are below the approved landing minimums for that airport, no airplane shall be dispatched from that airport unless an alternate airport located with respect to the airport of take-off as follows is specified in the dispatch release: Provided, That such alternate need not be selected if the ceiling at the take-off airport is at least 300 feet and the visibility at least one mile:
(1) Airplanes having 2 or 3 engines. Alternate airport located at a distance no greater than one hour of flying time in still air at normal cruising speed with one engine inoperative.
(2) Airplanes having 4 or more engines. Alternate airport located at a distance no greater than 2 hours of flying time in still air at normal cruising speed with one engine inoperative.
(b) The alternate airport weather requirements shall be those specified in § 403.90.
(c) All required alternate airports shall be listed in the dispatch release.
§ 40.389 Alternate airport for destination; IFR or over—the-top. (a) For all IFR or over-the-top operations there shall be at least one alternate airport designated for each airport of destination and, when the weather conditions forecast for the destination and first alternate are marginal, at least one additional alternate airport: Provided, That no alternate need be designated when the ceiling at the airport to which the flight is dispatched is forecast to be at least 1,000 feet above the minimum initial approach altitude applicable to such airport and the visibility at such airport is forecast to be at least 3 miles for the period 2 hours before to 2 hours after the estimated time of arrival.
(b) The alternate airport weather requirements shall be those specified in § 40.390.
(c) All required alternate airports shall be listed in the dispatch release.
§ 40.390 Alternate airport weather minimums. An airport shall not be specified in the dispatch release as an alternate airport unless the weather conditions existing there at the time of dispatch are equal to or above the ceiling and visibility minimums approved for such airport when using it as an alternate, and the appropriate weather reports and forecasts, or a combination thereof, indicate that the weather conditions will be at or above such minimums until the flight shall arrive thereat. The weather minimums at such alternate airport shall not be less than one of the following and in no event less than the corresponding minimums specified for the airport when used as a regular airport: Provided, That the Administrator may approve higher or lower minimums at particular airports where the safe conduct of flight requires or permits. considering the character of the terrain being traversed, the meteorological service and navigational facilities available, and other conditions affecting flight.
(a) An airport served by an approved radio navigational facility and either an instrument landing system or a ground control approach system which the carrier has been authorized to use: Ceiling 800 feet and visibility of one mile; or ceiling 700 feet and visibility of 11/2 miles: or ceiling 600 feet and visibility of two miles;
(b) An airport served by an approved radio navigational facility: ceiling 1,000 feet and visibility of one mile; or ceiling 900 feet and visibility of 11/2 miles: or ceiling 800 feet and visibility of two miles;
(c) An airport not served by an approved radio navigational facility: if overcast, ceiling 1,000 feet above the minimum en route instrument altitude applicable to the route to such alternate airport and visibility of two miles; if broken clouds, ceiling 1000 feet above the elevation of the airport and visibility of two miles.
§ 40.391 Continuance of flight; flight hazards.' (a) No aircraft shall be continued in flight toward any airport to which it has been dispatched when, in the opinion of the pilot. in command or the aircraft dispatcher, the flight cannot be completed with safety. unless in the opinion of the pilot in command there is no safer procedure. In the latter event, continuation shall constitute an emergency situation as set forth in §40.360.
(b) If any item of equipment required pursuant to the regulations of this subchapter for the particular operation being conducted becomes unserviceable en route, the pilot in command shall comply with the procedures specified in the manual for such occurrence: Provided, That the Administrator may authorize the incorporation in the air carrier manual of procedures for the continued operation of an airplane beyond a scheduled terminal where he finds that, in the particular circumstances of the case, literal compliance with this requirement is not necessary in the interest of safety.
§ 40.392 Operation in icing conditions. (a) An airplane shall not be dispatched, en route operations continued, or landing made when, in the opinion of the pilot in command or aircraft dispatcher, icing conditions are expected or encountered which might adversely affect the safety of the flight,
(b) No airplane shall take off when frost, snow, or ice is adhering to the wings, control surfaces, or propellers of the airplane.
§ 40.393 Redispatch and continuance of flight. (a) Any regular, provisional, or refueling airport the use of which is authorized for the type of airplane to be operated may be specified as a destination for the purpose of original dispatch.
(b) An airport specified as a destination or alternate for the purpose of original dispatch may be changed en route to another airport which is authorized for the type of airplane to be operated, provided that the appropriate requirements of §§ 40.381 through 40.409 and §§ 40.70 or § 40.90 are met at the time of redispatch.
(c) No flight shall be continued to any airport to which it has been dispatched unless the weather conditions at an alternate airport specified in the flight release remain at or above the minimums specified for such airport when used as an alternate: Provided, That the flight
