(a) If the second in command of a fixed-wing program aircraft has fewer than 100 hours of flight time as second in command flying in the aircraft make and model and, if a type rating is required, in the type aircraft being flown, and the pilot in command is not an appropriately qualified check pilot, the pilot in command shall make all takeoffs and landings in any of the following situations:

1. (1) Landings at the destination airport when a Destination Airport Analysis is required by § 91.1037(c); and

2. (2) In any of the following conditions:

   1. (i) The prevailing visibility for the airport is at or below 3/4 mile.
   2. (ii) The runway visual range for the runway to be used is at or below 4,000 feet.
   3. (iii) The runway to be used has water, snow, slush, ice or similar contamination that may adversely affect aircraft performance.
   4. (iv) The braking action on the runway to be used is reported to be less than “good.”
   5. (v) The crosswind component for the runway to be used is in excess of 15 knots.
   6. (vi) Windshear is reported in the vicinity of the airport.
   7. (vii) Any other condition in which the pilot in command determines it to be prudent to exercise the pilot in command's authority.

(b) No program manager may release a program flight under this subpart unless, for that aircraft make or model and, if a type rating is required, for that type aircraft, either the pilot in command or the second in command has at least 75 hours of flight time, either as pilot in command or second in command. The Administrator may, upon application by the program manager, authorize deviations from the requirements of this paragraph by an appropriate amendment to the management specifications in any of the following circumstances:

1. (1) A newly authorized program manager does not employ any pilots who meet the minimum requirements of this paragraph.
2. (2) An existing program manager adds to its fleet a new category and class aircraft not used before in its operation.
3. (3) An existing program manager establishes a new base to which it assigns pilots who will be required to become qualified on the aircraft operated from that base.