IFR Alternates: Can you really do that?

A while ago, Luke received an email from a client who had been chatting with him about the regs as they pertain to filing an alternate on an IFR flight plan.  What most instructors say about alternates is probably not worth more than a quick mention here since most of you have heard it so many times:  "Follow the regs and file an alternate that complies with them.  You are not required to go to that alternate, however, and if a better option presents itself feel free to talk to ATC about going there instead."

The client contends that you MUST go to your filed alternate, here's what he wrote:

The situation is that you are planning an IFR flight. All weather, current and forecast, is for ceiling 300’ and visibility 1 mile. This is for the entire day. For simplicity sake we will say all alternate airports have an ILS and standard alternate mins, e.g. Precision – 600 and 2.
 
The only alternate we find that meets FAR alternate mins is quite far from our destination.
 
We find that once loaded up we can only carry enough fuel to fly to our destination, do one approach and then to our alternate and 45 mins.
 
Murphy’s law prevails and we go missed at our destination. We know that there are at least two airports in our immediate vicinity that have an ILS and are reporting 300 and 1. And needless to say much closer to our destination.
 
My contention is that according to the attached FARS we must fly to our alternate. We can not go to a different airport because: 1. We did not and it can not be legally listed at an alternate and 2. If we did go to another airport that wasn’t listed on our original flight plan we would violate 91.167 that says we must have “enough fuel” to fly to our alternate and 45 minutes.
 
Many people are telling me that the fuel is for planning purposes but I have not read this anywhere. If you can find a different interpretation and a way to go into a closer airport while using that alternate fuel please let me know.
 
As you see, I have attached the FAR’s that have been the focus of this.

   FAR 91.167:   

 91.167   Fuel requirements for flight in IFR conditions.

(a) No person may operate a civil aircraft in IFR conditions unless it carries enough fuel (considering weather reports and forecasts and weather conditions) to—

(1) Complete the flight to the first airport of intended landing;

(2) Except as provided in paragraph (b) of this section, fly from that airport to the alternate airport; and

(3) Fly after that for 45 minutes at normal cruising speed or, for helicopters, fly after that for 30 minutes at normal cruising speed.

(b) Paragraph (a)(2) of this section does not apply if:

(1) Part 97 of this chapter prescribes a standard instrument approach procedure to, or a special instrument approach procedure has been issued by the Administrator to the operator for, the first airport of intended landing; and

(2) Appropriate weather reports or weather forecasts, or a combination of them, indicate the following:

(i) For aircraft other than helicopters. For at least 1 hour before and for 1 hour after the estimated time of arrival, the ceiling will be at least 2,000 feet above the airport elevation and the visibility will be at least 3 statute miles.

This was an interesting stance so we opened it up to our instructor staff for a kind of "e-round table" discussion.  The people working with us here at The Flight Academy would combine to have more than 30,000 hours total time (and I think that means I'm shorting Hugh a few thousand hours) so we've been around a little... but that does NOT mean we aren't open to new ways of doing things!  Indeed, one of the best traits a pilot can have after forming his or her standardized way of doing things is to keep an open mind about new ideas.

Erin Oliver was kind enough to volunteer to put this content together as a consolidation of our talking:

The conclusions this pilot reached are incorrect, because he has mistakenly applied the minimums used for the selection of an alternate for the IFR flight plan, to what may actually be done in-flight. Sounds confusing at first, but the reality here, is actually pretty simple. 

1.  During flight planning, if the forecast indicates the need to file an alternate, you must select an alternate airport that meets alternate minimums according to FAR's:  (600 – 2 for a precision approach, and 800-2 for non-precision).   Alternate minimums are intentionally conservative, to allow for possible weather deterioration while you are enroute.  This is for PLANNING PURPOSES, and is based on FORECAST WEATHER.  FAR 91.169 relates to information that must be included on the IFR Flight Plan, but nowhere in the regulations does it say that we must actually fly to that alternate if we miss the approach at our original destination.  However, by filing this alternate, and determining that we have enough fuel on board to meet the requirements of FAR 91.167, we have done our due diligence, and met all FAR requirements.  (We also have a fall-back plan, in case of lost communications).

2.  Once you are in-flight, however, OBSERVED weather is what you really use.  If you learn that a nearby airport has weather that is currently above its published approach minimums, you may divert there.  (This may be done by advising ATC of your intentions, and requesting a clearance to the airport of your choice, either before you have reached the original destination, or after missing the approach.)

Once you declare to ATC that you wish to proceed to another airport, (be it your filed alternate, or another airport which you have deemed, while in-flight, to be preferable), that airport is now your new DESTINATION.  APPROACH minimums (not alternate minimums) apply, and any airport that has reported weather above its published approach minimums is fair game.  (Keep in mind that your departure airport may be an option, too).

In regards to minimum fuel:  If fuel on board is enough to satisfy FAR 91.167 with the filing of the original flight plan (including the alternate + 45 minutes), it will certainly meet those requirements when diverting to an airport which is near the original destination.  Before making the decision to divert, however, you should be confident that the weather there will remain above published minimums until after you are safely on the ground.  

 The important thing, here, is to keep an eye on the weather reports during your flight, so you can see what's happening.  If the weather at the airports near the original destination is near published approach minimums and deteriorating, it may be unwise to attempt an approach at one of them, only to find that that approach is also missed, and there is now no longer fuel enough to divert to the original alternate and still carry the appropriate reserve.  If this is the case, it's time to get out of Dodge and head for your filed alternate.  (This, by the way, is an excellent reason for filing an alternate airport that is in an area that is likely to have MUCH better weather than your original destination.)

When choosing a new destination, keep the following points in mind:

1. Choose carefully, based on weather observations made enroute via XM weather, Flight Watch, etc.  Trends are important!  If local weather is likely to result in another missed approach, your best option may be to head for your filed alternate while you still have the fuel to do it.
   
   
2. When flying the approach at the new destination, use published approach minimums, (not alternate minimums).  Upon landing, fuel remaining must be at least 45 minutes at normal cruise speed. 
   

Finally, spend sufficient time considering your options before you leave.  The worst time to start thinking about diverting is on the missed approach, when ATC asks you to “say your intentions”.  You should have several possible scenarios in mind before you depart, and then monitor weather conditions while you are enroute for best situational awareness.

I'll add my own .02 that all pilots should remember to factor in:

-Descent and approach uses significantly less fuel so the burn for that 20-ish minutes will be quite a bit less than what you were using to get there.

-Cruising at a slower speed is much more economical.  You might not get there as quickly but you will get there with more fuel.  Don't go at 75% if the pucker factor is high... slow down to 55%

-Apply your personal minimums to a situation always.  If it looks like you'll have very little breathing room (as in the above example), it would be wise to wait for a better day.

-Apply you own, more conservative restrictions.  I know this was a talk about what the regs mandate but as PIC you have the choice to mandate an hour of extra fuel, higher alternate weather minimums, or even a total pilot endurance time (no legs longer than X hours without a rest break). 

Special thanks to all our instructor staff across the country: Jesse, Tim, Hugh, Helen, Austin, Chase, Luke, and Erin

Thanks to all our fellow pilots for participating in the discussion as well!

The Flight Academy: Seattle, Las Vegas, Los Angeles, and Indianapolis

www.theflightacademy.com