52 Operations notices. 1 air carrier shall notify the apate operations personnel promptly changes in equipment and operatocedures, including known changes use of navigational aids, airports, affic control procedures and regu3, local airport traffic control rules, all known hazards to flight, ing icing and other potentially hazmeteorological conditions and irrities of ground and navigational es. 53 Operations schedules. stablishing flight operations schedach air carrier shall allow sufficient or the proper servicing of airplanes uel and oil at intermediate stops, t shall consider the prevailing along the particular route and the ng speed of the type of airplane to n which shall not exceed the speccruising output of the airplane S. 54 Flight crew members at con-ols. required flight crew members when ht deck duty shall remain at their tive stations while the airplane is off or landing, and while en route when the absence of one such crew member is necessary for the mance of his duties in connection he operation of the airplane. All crew members shall keep their elts fastened when at their respecations. 13(a), 72 Stat. 752; 49 U.S.C. 1354(a). et or apply secs. 601, 604, 72 Stat. ;49 U.S.C. 1421, 1424) [Amdt. 40-16, 3154, Apr. 23, 1959] 55 Manipulation of controls. erson other than a qualified pilot air carrier shall manipulate the controls during flight, except that e of the following persons may, ne permission of the pilot in commanipulate such controls: Authorized pilot safety repreves of the Administrator or the who are qualified on the airplane re engaged in checking flight Cons, or Pilot personnel of another air properly qualified on the airand authorized by the operating 91 § 40.355-1 Manipulation of controls (FAA interpretations which apply to § 40.355 (a) and (b)). The phrase "qualified on the airplane" means a certificated pilot holding a type rating for the aircraft utilized, or a copilot, not holding a type rating if he has met the qualification requirements of this subchapter: Provided, That a certificated pilot with at least a commercial rating may, at the discretion of the pilot in command, manipulate the controls except during takeoff and landing. [Supp. 1, 18 F. R. 6619, Oct. 17, 1953] § 40.356 Admission to flight deck. No persons, other than crew members, shall be admitted to the flight deck of an airplane except those authorized in paragraphs (a) and (b) of this section. For the purposes of this section, the Administrator shall determine what constitutes the flight deck. (a) FAA Flight Operations and Airworthiness Inspectors and authorized representatives of the Board while in the performance of official duties shall be admitted to the flight deck. NOTE: Nothing contained in this paragraph shall be construed as limiting the emergency authority of the pilot in command to exclude any person from the flight deck in the interest of safety. (b) The persons listed below may be admitted to the flight deck when authorized by the pilot in command: (1) An employee of the Federal Government or of an air carrier or other aeronautical enterprise whose duties are such that his presence on the flight deck is necessary or advantageous to the conduct of safe air carrier operations, or NOTE: Federal employees who deal responsibly with matters relating to air carrier safety and such air carrier employees as pilots, dispatchers, meteorologists, communication operators, and mechanics whose efficiency would be increased by familiarity with flight conditions may be considered eligible under this requirement. Employees of traffic, sales, and other air carrier departments not directly related to flight operations cannot be considered eligible unless authorized under subparagraph (2) of this paragraph. (2) Any other person specifically authorized by the air carrier management and the Administrator. (c) All persons admitted to the flight deck shall have seats available for their use in the passenger compartment except: (1) FAA Flight Operations and Airworthiness Inspectors or other authorized representatives of the Federal Aviation Agency or the Civil Aeronautics Board engaged in checking flight operations; (2) Air traffic controllers who have been authorized by the Administrator to observe ATC procedures; (3) Certificated airmen of the air carrier whose duties with the carrier require an airman certificate; (4) Certificated airmen of another air carrier whose duties with such carrier require an airman certificate and who have been authorized by the air carrier concerned to make specific trips over the route; (5) Employees of the air carrier, whose functions are directly related to the conduct or planning of flight operations or the in-flight monitoring of aircraft equipment or operating procedures, but only when their presence in the cockpit is required in the furtherance of such functions and when specifically authorized in writing by a responsible supervisor in the operations department of the air carrier, who is listed in the Operations Manual as having such authority; and (6) Technical representatives of the manufacturer of the airplane or its components whose functions are directly related to the in-flight monitoring of aircraft equipment or operating procedures, but only when their presence in the cockpit is required in the furtherance of such functions and only when specifically authorized in writing by the Administrator and by a responsible supervisor in the operations department of the air carrier, who is listed in the Operations Manual as having such authority. [Amdt. 40-5, 22 F. R. 5572, July 16, 1957] § 40.356-1 Admission to flight deck (FAA interpretations which apply to § 40.356). The term "flight deck" as used in § 40.356 shall mean all of the area forward of the door or window required by Parts 4a and 4b of this subchapter to be located between the pilot compartment and the passenger compartment. [Supp. 1, 18 F.R. 6619, Oct. 17, 1953, as amended by Supp. 30, 23 F.R. 2097, Mar. 29, 1958] § 40.357 Use of cockpit check || dure. The cockpit check procedure sh used by the flight crew for each p dure as set forth in § 40.176. § 40.358 Personal flying equipm The pilot in command shall insur the following equipment is aboar airplane for each flight: (a) Appropriate aeronautical containing adequate information cerning navigational aids and i ment approach procedures, and (b) A flashlight in good working in the possession of each crew me § 40.359 Restriction or suspensi operation. When conditions exist which ( tute a hazard to the conduct of s carrier operations, including airpo runway conditions, the air carrie restrict or suspend operations unt hazardous conditions are correcte § 40.360 Emergency decisions; Į command and aircraft dispatc (a) In emergency situations require immediate decision and the pilot in command may follo course of action which he conside essary under the circumstanc such instances the pilot in comm the extent required in the inte safety, may deviate from pre operations procedures and m weather minimums, and the regu of this subchapter. (b) If an emergency situation during the course of a flight wh quires immediate decision and ac the part of the aircraft dispatch which is known to him, he shall the pilot in command of such si The aircraft dispatcher shall as the decision of the pilot in comma shall cause the same to be made a of record. If unable to comm with the pilot, the dispatcher sh clare an emergency and foll course of action which he consid essary under the circumstances. (c) When emergency authorit ercised by the pilot in comman the dispatcher, the appropriate center shall be kept fully infor garding the progress of the flig within 10 days after the compl the particular flight a written r any deviation shall be submitted al declaring the emergency to ninistrator through the air carerations manager. 1 Reporting potentially hazardmeteorological conditions and egularities of ground and naviganal facilities. 1 any meteorological condition or rity of ground or navigational is is encountered in flight, the ige of which the pilot in comonsiders essential to the safety of lights, he shall notify an approground radio station as soon as able. Such information shall on be relayed by that station to ropriate governmental agency. 2 Reporting mechanical irregarities. pilot in command shall enter or o be entered in the maintenance he airplane all mechanical irreguencountered during flight. He rior to each flight inspect the log rtain the status of any irregulariered in the log at the end of the ceding flight. 3 Engine failure or precautionary ppage. Except as provided in paragraph his section, when one engine of an e fails or where the rotation of ine of an airplane is stopped in s a precautionary measure to pressible damage, a landing shall be at the nearest suitable airport in f time where a safe landing can ted. The pilot in command of an airhaving 4 or more engines may, if re than one engine fails or the rothereof is stopped, proceed to an of his selection if, upon considof the following factors, he dees such action to be as safe a of action as landing at the nearCable airport: The nature of the malfunctioning e possible mechanical difficulties may be encountered if flight is med; The availability of the inoperative for use; The altitude, airplane weight, and fuel at the time of engine stop The weather conditions en route (6) The type of terrain; and (7) The familiarity of the pilot with the airport to be used. (c) When engine rotation is stopped in flight, the pilot in command shall immediately notify the proper ground radio station and shall keep such station fully informed regarding the progress of the flight. (d) In cases where the pilot in command selects an airport other than the nearest suitable airport in point of time, he shall, upon completion of the trip, submit a written report, in duplicate, to his operations manager setting forth his reasons for determining that the selection of an airport other than the nearest was as safe a course of action as landing at the nearest suitable airport. The operations manager shall, within 7 days after completion of the trip, furnish a copy of this report with his own comments thereon to the Administrator. § 40.364 Instrument approach procedures. When an instrument approach is necessary, the instrument approach procedures and weather minimums authorized in the operations specifications shall be adhered to. § 40.365 Requirements for air carrier equipment interchange. (a) Prior to conducting any operations pursuant to an interchange agreement authorized by the Civil Aeronautics Board, the air carrier shall show that: (1) The procedures proposed for the conduct of such operations by the carriers involved conform with the provisions of this subchapter and with safe operating practices; (2) All operations personnel involved are familiar with the airplanes and equipment of the air carrier with whom interchange is to be effected, and with the communications and dispatching procedures to be used; (3) All maintenance personnel involved are familiar with the airplanes and equipment, and the maintenance procedures of the air carrier with whom interchange is to be effected; (4) The flight crew and the dispatchers involved meet the appropriate route and airport qualifications; and (5) All airplanes operated are essentially similar to those airplanes of the carrier with whom interchange is to be effected with respect to flight instru ments 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. § 40.370 Briefing of passengers. Such After May 31, 1956, each air carrier engaged in extended overwater operations shall assure that all passengers are briefed orally concerning the location and method of operation of life vests and emergency exits and the location of life rafts. The procedure to be followed in presenting this briefing shall be described in the air carrier manual. a briefing shall include a demonstration of the method of donning and inflating a life vest. Where the airplane proceeds directly over water after take-off, the briefing on location of the life vests and emergency exists shall be accomplished prior to take-off, and the remainder of the briefing shall be accomplished as soon thereafter as practicable. Where the airplane does not proceed directly over water after take-off, no part of the briefing need be accomplished prior to takeoff but the entire briefing shall be accomplished prior to reaching the overwater portion of the flight. § 40.371 Drinking and serving of alcoholic beverages. (a) No person shall drink any alcoholic beverage aboard an air carrier aircraft unless such beverage has been served to him by the air carrier operating the aircraft. (b) No air carrier shall serve any alcoholic beverage to any person aboard an air carrier aircraft if such person appears to be intoxicated. (c) No air carrier shall permit any person to board an air carrier aircraft if such person appears to be intoxicated. (d) An air carrier shall report to the Administrator within 5 days any incident in which a person aboard its aircraft refuses to comply with paragraph (a) of this section, or any disturbance caused by a person who appears to be intoxicated while aboard its aircraft. (Secs. 313 (a), 601, 72 Stat. 752, 775; 49 U.S.C. 1354(a), 1421) [Amdt. 40-24, 25 F.R. 169, Jan. 9, 1960, as amended by Amdt. 40-31, 26 F.R. 9906, Oct. 21, 1961] DISPATCHING RULES § 40.381 Necessity for dispatchi thority. No flight shall be started specific authority from an aircra patcher, except when an airpla landed at an intermediate airpor fied in the original dispatch rele has remained there for one hour § 40.382 Familiarity with weath ditions. No aircraft dispatcher shall r flight unless he is thoroughly with existing and anticipated conditions along the route to be f §40.383 Facilities and services. The dispatcher shall furnish pilot in command all available reports or information pertainin regularities of navigational facili airport conditions which may a safety of the flight. He shall a nish the pilot, while en route, a tional available information co meteorological conditions and ir ties of facilities and services wh affect the safety of the flight. § 40.384 Airplane equipment for dispatch. All airplanes dispatched shall worthy and shall be equipped in ance with the provisions of § 40. § 40.385 Communications and tional facilities required for No airplane shall be dispatc any route or route segment u communications and navigati cilities required by §§ 40.34 and in satisfactory operating conditi § 40.386 Dispatching under VI Airplanes shall be dispatched eration under VFR only if the a ate weather reports and foreca combination thereof, indicate ceilings and visibilities along the be flown are, and will remain, at the minimums required for flig VFR until the flight arrives at port or airports of intended specified in the dispatch release § 40.387 Dispatching under over-the-top. Airplanes shall be dispatche eration under IFR or over-the if the appropriate weather rep s, or a combination thereof, pero the airport or airports to which ed indicate that the ceilings and es will be at or above the miniOproved by the Administrator at mated time of arrival thereat. Alternate airport for departure. the weather conditions at the of take-off are below the apanding minimums for that air- airplane shall be dispatched at airport unless an alternate Located with respect to the airake-off as follows is specified in patch release: Provided, That ernate need not be selected if ng and visibility respectively at -off airport are at least 300 feet mile, 400 feet and three-quarters 500 feet and one-half mile: rplanes having 2 or 3 engines. e airport located at a distance er than one hour of flying time r at normal cruising speed with ne inoperative. rplanes having 4 or more enAlternate airport located at a no greater than 2 hours of flyin still air at normal cruising ch one engine inoperative. e alternate airport weather rets shall be those specified in required alternate airports isted in the dispatch release. Alternate airport for destinaIFR or over-the-top. r all IFR or over-the-top ophere shall be at least one alterort designated for each airport ation and, when the weather s forecast for the destination alternate are marginal, at least tional alternate airport: Proat no alternate need be desigen, for the period two hours two hours after the estimated rival, the ceiling at the airport the flight is dispatched is foree at least 1,000 feet above the initial approach altitude ap› such airport and the visibility irport is forecast to be at least es. e alternate airport weather res shall be those specified in required alternate airports sted 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 12 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 1,000 feet above the elevation of the airport and visibility of two miles. § 40.390-1 Alternate airport landing minimums for airports not served by a radio navigation facility (FAA policies which apply to § 40.390(c)). When there is no minimum en route instrument altitude associated with an alternate airport, the approval of alternate airport landing minimums under overcast conditions will be contingent upon the incorporation of appropriate |