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release may be amended on route to include any approved alternate airport lying within the fuel range of the aircraft as specified in §§ 4.0396 and 40.397.
(d) When the flight release is amended while the aircraft is en route. such amendments shall be made a matter of record.
§40.394 Dispatch to and from provisional airport. (a) No aircraft dispatcher shall dispatch an airplane to a provisional airport unless such airport complies with all of the requirements of this part pertinent to regular airports.
(b) Dispatch from a provisional airport shall be accomplished in accordance with the same regulations governing dispatch from a regular airport.
§ 40.395 Take-offs from alternate airports or from airports not listed in the operations specifications. No airplane shall take off from an alternate airport or from an airport which is not listed in the air carrier operations specifications unless:
(a) Such airport and related facilities are adequate for the operation of the airplane.
(b) In taking off it is possible to comply with the applicable airplane operating limitations.
(c) The weather conditions at that airport are equal to or better than those prescribed for such airport, and
(d) The airplane is dispatched in accordance with all dispatching rules applicable to operation from an approved airport.
§ 40.396 Fuel supply for all operations. No airplane shall be dispatched unless it carries sufficient fuel:
(a) To fly to the airport to which dispatched. and thereafter.
(b) To fly to and land at the most distant alternate for the airport to which dispatched where such alternate is required and thereafter.
(c) To fly for a period of at least 45 minutes at normal cruising consumption.
§ 40.397 Factors invoved in computing fuel required. In computing the fuel required, consideration shall be given to the wind and other weather conditions forecast, traffic delays anticipated, and any other conditions which might delay the landing of the airplane. Required fuel shall be additional to unusable fuel.
§ 40.405 Take-off and landing weather minimums: VFR. Irrespective of any clearance which may be obtained from air traffic control, no airplane shall take off or land under VFR when the reported ceiling or ground visibility is less than specified below: Provided. That where a local surface restriction to visibility exists, such as smoke, dust. or blowing snow or sand, the visibility for both day and night operations may be reduced to one-half mile, if all turns after take-off and prior to landing and all flight beyond a mile from the airport boundary can be accomplished above or outside, the area so restricted.
(a) For day operations: 1000-foot ceiling and one-mile visibility:
(b) For night operations: 1000-foot ceiling and two-mile visibility.
§ 40.406 Take-off and landing weather minimums: IFR. (a) Except as provided in paragraphs (c) and (d) of this section, irrespective of any clearance which may be obtained from air traffic control. no aircraft shall take off or land under IFR when the reported ceiling or ground visibility is less than that approved for the airport when used as a regular airport.
(b) Except as provided in paragraphs (c) and (d) of this section, no instrument approach procedure shall be executed when the latest weather report furnished by a source authorized in accordance with the provisions of § 40.35 indicates the ceiling or visibility is less than the landing minimum approved for the airport when used as a regular airport.
(c) An instrument approach procedure may be executed when the weather report indicates that the ceiling or visibility is less than approved minimum for landing, if the airport is served by ILS and GCA in operative condition and both are used by the pilot, and thereafter a landing may be made, if weather conditions canal to or better than the prescribed minimums are found to exist by the pilot in command upon reaching the authorized landing minimum altitude.
(d) If an instrument approach procedure is initiated when the current U. S. Weather Bureau report indicates that the prescribed ceiling and visibility minimums exist and a later weather report indicating below minimum conditions is received after the airplane (1) is on an ILS final approach and has passed the outer marker. or (2) is on a final approach using a radio range station or comparable facility and has passed the appropriate facility and has reached the authorized landing minimum altitude, or (3) is on GCA final approach and has been turned over to the final approach controller, such ILS. Range. or GCA approach may be continued and a landing may be made in the event weather conditions equal to or better than the prescribed minimums for the airport are found to exist by the pilot in command of the flight upon reaching the authorized landing minimum altitude.
{{anchor+|40.408|§ 40.408 Flight altitude rules.' Except when necessary for take-off and landing, the flight altitude rules prescribed in paragraphs (a) and (b) of this section, in addition to the applicable provisions of ₰60.17. shall govern air carrier operations: Provided. That other altitudes may be established by the Administrator for any route or portion thereof where he finds, after considering the character of the terrain being traversed. the quality and quantity of meteorological service, the navigational facilities available, and other flight conditions, that the safe conduct of flight permits or requires such other altitudes.
(a) Day VFR passenger operations.' No airplane engaged in passenger operations shall be down at an altitude less than 1,000 feet above the surface or less than 1,000 feet from any mountain, hill, or other obstruction to flight.
(b) Night VFR or IFR operations including over-the-top. No airplane shall be flown at an altitude less than 1,000 feet above the highest obstacle located within a horizontal distance of five miles from the center of the course intended to be flown or in mountainous terrain designated by the Administrator, 2.000 feet above the highest obstacle located within a horizontal distance of five miles from the center of the course intended to be flown: Provided. That in VFR operations at night in such mountainous areas airplanes may be flown over a lighted civil airway at a minimum altitude of 1,000 feet above such obstacle: And provided further. That in the case of high-altitude operations, the minimum altitude shall be not less than 2,000 feet above the elevation of the highest ground within 25 miles of the intended track: And provided further, That adherence to a minimum flight altitude will not be required during the time a flight is proceeding in accordance with paragraph (c) of this section.
(c) Daytime over-the—top Operations below minimum en route altitudes.
Over-the-top operations may be conducted at flight altitudes lower than the minimum en route IFR altitudes by day only and in accordance with the following provisions:
(1) Such operations shall be conducted at least 1,000 feet above the top of lower broken or overcast cloud cover:
(2) The top of the lower cloud cover shall be generally uniform and level:
(3) Flight visibility shall be at least five miles;
(4) The base of any higher broken or overcast cloud cover shall be generally uniform and level and shall be at least, 1,000 feet above the minimum on route IFR altitude for the route segment.
40.409 Altitude maintenance on initial approach. can When making an initial approach to a radio navigational facility under IFR (excluding over-the-top conducted in accordance with the provisions of §40.408 (c) an airplane shall not descend below the pertinent minimum altitude for initial approach specified by the Administrator for such facility until arrival over the radio facility has been definitely established;
(b) When making an initial approach on a flight being conducted in accordance with the provisions of § 40.408 (c). a pilot shall not commence an instrument approach until arrival over the radio facility has definitely been established. In executing an instrument approach procedure under such circumstances, the airplane shall not be flown at an altitude lower than 1,000 feet above the top of the lower cloud or the minimum altitude specified by the Administrator for that portion of the instrument, approach procedure being flown, whichever is the lower.
{{Anchor+|40.411|Preparation of dispatch release. A dispatch release shall be prepared for each flight between specified points from information furnished by the authorized aircraft dispatcher. This release shall be signed by the pilot in command and by the authorized aircraft dispatcher only when both believe the flight can be made with safety. The aircraft dispatcher may delegate au-
