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14 C.F.R. § 121.613 Dispatch or flight release under IFR or over the top.
Except as provided in §121.615, no person may dispatch or release an aircraft for operations under IFR or over-the-top, unless appropriate weather reports or forecasts, or any combination thereof, indicate that the weather conditions will be at or above the authorized minimums at the estimated time of arrival at the airport or airports to which dispatched or released.
Question:
Your question is, "does 'authorized minimums' [in §121.613] mean that both the ceiling (HAT) and visibility values 'will be at or above authorized minimums,' or mean that only . the visibility values 'will be at or above authorized minimums, for the purpose of a Flight Release to an airport under IFR or Over- The-Top?"
The FAA has determined that the phrase "authorized minimums" in §121.613 refers to both the ceiling and visibility minimums. Although both ceiling and visibility are not specifically stated in § 121.613, for flight planning purposes, the FAA requires both. In other FAA rules involving flight planning, the FAA makes both ceiling and visibility minimums a specified requirement. For example, when designating an IFR alternate, § 91. 169(c) states" ... at the estimated time of arrival at the alternate airport, the ceiling and visibility at that airport will be at or above the following weather minima."
In addition, § 121.611, "Dispatch or flight release under VFR," states "[n]o person may dispatch or release an aircraft for VFR operation unless the ceiling and visibility en route, as indicated by available weather reports or forecasts, or any combination thereof, are and will remain at or above applicable VFR minimums .... " The FAA believes requiring, for part 121 dispatch or flight release, thatlevel of safety for each part 121 scheduled flight.
In addition, the FAA has provided legal interpretations to assist operators when reviewing weather forecast information and determining whether or not to dispatch or flight release an aircraft. These interpretations include 1977-20; 1979-24; 1984-16; 1989-28; and 1990-6.
For your information and to assist you, attached are copies of the last two interpretations, 1989-28 and 1990-6.
We trust this interpretation has answered your questions.
This was prepared by BruceGlendening, Attorney, reviewed by Joseph Conte, Manager, Operations Law Branch of the Office of the Chief Counsel and coordinated with Flight Standards Service.