786 

14 CFR Ch. I (1–1–24 Edition) 

§ 91.1039 

§ 91.1039

IFR takeoff, approach and 

landing minimums. 

(a) No pilot on a program aircraft op-

erating a program flight may begin an 
instrument approach procedure to an 
airport unless— 

(1) Either that airport or the alter-

nate airport has a weather reporting 
facility operated by the U.S. National 
Weather Service, a source approved by 
the U.S. National Weather Service, or a 
source approved by the Administrator; 
and 

(2) The latest weather report issued 

by the weather reporting facility in-
cludes a current local altimeter setting 
for the destination airport. If no local 
altimeter setting is available at the 
destination airport, the pilot must ob-
tain the current local altimeter setting 
from a source provided by the facility 
designated on the approach chart for 
the destination airport. 

(b) For flight planning purposes, if 

the destination airport does not have a 
weather reporting facility described in 
paragraph (a)(1) of this section, the 
pilot must designate as an alternate an 
airport that has a weather reporting 
facility meeting that criteria. 

(c) The MDA or Decision Altitude 

and visibility landing minimums pre-
scribed in part 97 of this chapter or in 
the program manager’s management 
specifications are increased by 100 feet 
and 

1

⁄

2

mile respectively, but not to ex-

ceed the ceiling and visibility mini-
mums for that airport when used as an 
alternate airport, for each pilot in 
command of a turbine-powered aircraft 
who has not served at least 100 hours as 
pilot in command in that type of air-
craft. 

(d) No person may take off an air-

craft under IFR from an airport where 
weather conditions are at or above 
takeoff minimums but are below au-
thorized IFR landing minimums unless 
there is an alternate airport within one 
hour’s flying time (at normal cruising 
speed, in still air) of the airport of de-
parture. 

(e) Except as provided in § 91.176 of 

this chapter, each pilot making an IFR 
takeoff or approach and landing at an 
airport must comply with applicable 
instrument approach procedures and 
takeoff and landing weather minimums 
prescribed by the authority having ju-

risdiction over the airport. In addition, 
no pilot may take off at that airport 
when the visibility is less than 600 feet, 
unless otherwise authorized in the pro-
gram manager’s management specifica-
tions for EFVS operations. 

[Docket No. FAA–2001–10047, 68 FR 54561, 
Sept. 17, 2003, as amended by Docket FAA– 
2013–0485, Amdt. 91–345, 81 FR 90175, Dec. 13, 
2016] 

§ 91.1041

Aircraft proving and valida-

tion tests. 

(a) No program manager may permit 

the operation of an aircraft, other than 
a turbojet aircraft, for which two pilots 
are required by the type certification 
requirements of this chapter for oper-
ations under VFR, if it has not pre-
viously proved such an aircraft in oper-
ations under this part in at least 25 
hours of proving tests acceptable to the 
Administrator including— 

(1) Five hours of night time, if night 

flights are to be authorized; 

(2) Five instrument approach proce-

dures under simulated or actual condi-
tions, if IFR flights are to be author-
ized; and 

(3) Entry into a representative num-

ber of en route airports as determined 
by the Administrator. 

(b) No program manager may permit 

the operation of a turbojet airplane if 
it has not previously proved a turbojet 
airplane in operations under this part 
in at least 25 hours of proving tests ac-
ceptable to the Administrator includ-
ing— 

(1) Five hours of night time, if night 

flights are to be authorized; 

(2) Five instrument approach proce-

dures under simulated or actual condi-
tions, if IFR flights are to be author-
ized; and 

(3) Entry into a representative num-

ber of en route airports as determined 
by the Administrator. 

(c) No program manager may carry 

passengers in an aircraft during prov-
ing tests, except those needed to make 
the tests and those designated by the 
Administrator to observe the tests. 
However, pilot flight training may be 
conducted during the proving tests. 

(d) Validation testing is required to 

determine that a program manager is 
capable of conducting operations safely 

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