Narrative:

During a part 121 flight from sea to lax a jump seating captain for our same carrier swapped seats with the captain that originated the flight. The originating captain was still on high minimums, so for the purpose of shooting a CAT IIIA approach into lax we called our company dispatch and verbally amended the release. This now showed the jump seating captain as the PIC so that we could legally shoot a CAT IIIA approach, as he was not on high minimums restrs. Prior to our departure from sea, it was noted that the WX at lax was marginal with visibility of approximately 1 1/2 - 3 mi with a chance of lower visibilities due to fog. Apparently, as I was conducting my walkaround duties, the captain and jump seater, who was another company captain current on the same equipment, had discussed the possibility of swapping seats pending dispatch approval if the WX continued to deteriorate to below CAT ii minimums prior to our arrival. There was room in the back, so the jump seater took a seat in the back. Sometime during cruise flight the captain mentioned his discussion with the jump seating captain and the possibility of a seat swap. I told him it sounded like a great idea if we needed it. This was also reinforced by the fact that he had done this before just weeks earlier (probably during his IOE). As fate would have it, the WX at lax did deteriorate to below CAT IIIA minimums and we were given holding over reyes intersection. I was the PF and we decided that I would continue flying and work the #1 radio (ATC). The captain then called a flight attendant to ask the jump seating captain to come up front. He also called on the company frequency and requested a patch through to our dispatcher. Once speaking with the dispatcher he requested that the dispatcher amend our release and show the jump seating captain as the new PIC, as the WX was now fluctuating to allow for CAT IIIA approachs only. Approximately 15-20 mins passed and the dispatcher came back and said that our request was approved and amended our release to now show the jump seating captain as the PIC. At this point the 2 capts traded seats. We then briefed and conducted the normal and required checklists and procedures as provided by our company. At this point we informed ATC that we were CAT IIIA capable and were released from our hold. A normal CAT IIIA approach, landing, and taxi to the gate concluded this flight. After the postflt checklists were completed, the capts discussed talking to dispatch and scheduling to show that the appropriate duty time and pay would be allocated for. They both then exited the aircraft and that was the last I saw of them as this was the last leg of our trip. Several days later, I was to find out that as the 2 caps were exiting the jetway they were confronted by the outbound captain of our aircraft. He apparently had been in operations and monitoring the radio conversation that had taken place between our aircraft, dispatch and operations. The outbound captain was said to have been upset that the seat swap had taken place and felt that it was highly unusual and possibly illegal. The fact that he felt this way, without mentioning his concerns to our dispatcher is still a mystery to me. However, it is because he raised this question that I feel compelled to file this report in the first place. I feel that the decisions and actions we took were legal and at no time put the safety of the flight in question. In my opinion, the PIC of the aircraft was current and legal at all times. We had verbally amended our release with our dispatcher, but in all honesty, I cannot recall if we amended the written release aboard the aircraft. It should be noted that the current release, flight plan, required WX, NOTAMS, etc are carried aboard the aircraft for review. We conducted briefings, so at no time was the PIC of the aircraft uninformed to act as PIC. FARS state that the 'PIC means the person who: 1) has final authority/authorized and responsibility for the operation and safety of the flight. 2) has been designated as PIC before or during the flight, and 3) holds the appropriate category, class, and type rating, if appropriate, for the conduct of the flight.' noting that this allows for designation as before or during the flight I feel the PIC of our flight was always within the spirit of the FARS and clearly safe and appropriate for the phase of flight that we were in.

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Original NASA ASRS Text

Title: FLC CHANGE OF ASSIGNED CAPT PRIOR TO DSCNT AND CAT IIIA LNDG DUE TO THE ORIGINALLY ASSIGNED CAPT NOT MEETING CAT IIIA APCH REQUIREMENTS AND A JUMP SEAT DEADHEADING CAPT WAS CURRENT.

Narrative: DURING A PART 121 FLT FROM SEA TO LAX A JUMP SEATING CAPT FOR OUR SAME CARRIER SWAPPED SEATS WITH THE CAPT THAT ORIGINATED THE FLT. THE ORIGINATING CAPT WAS STILL ON HIGH MINIMUMS, SO FOR THE PURPOSE OF SHOOTING A CAT IIIA APCH INTO LAX WE CALLED OUR COMPANY DISPATCH AND VERBALLY AMENDED THE RELEASE. THIS NOW SHOWED THE JUMP SEATING CAPT AS THE PIC SO THAT WE COULD LEGALLY SHOOT A CAT IIIA APCH, AS HE WAS NOT ON HIGH MINIMUMS RESTRS. PRIOR TO OUR DEP FROM SEA, IT WAS NOTED THAT THE WX AT LAX WAS MARGINAL WITH VISIBILITY OF APPROX 1 1/2 - 3 MI WITH A CHANCE OF LOWER VISIBILITIES DUE TO FOG. APPARENTLY, AS I WAS CONDUCTING MY WALKAROUND DUTIES, THE CAPT AND JUMP SEATER, WHO WAS ANOTHER COMPANY CAPT CURRENT ON THE SAME EQUIP, HAD DISCUSSED THE POSSIBILITY OF SWAPPING SEATS PENDING DISPATCH APPROVAL IF THE WX CONTINUED TO DETERIORATE TO BELOW CAT II MINIMUMS PRIOR TO OUR ARR. THERE WAS ROOM IN THE BACK, SO THE JUMP SEATER TOOK A SEAT IN THE BACK. SOMETIME DURING CRUISE FLT THE CAPT MENTIONED HIS DISCUSSION WITH THE JUMP SEATING CAPT AND THE POSSIBILITY OF A SEAT SWAP. I TOLD HIM IT SOUNDED LIKE A GREAT IDEA IF WE NEEDED IT. THIS WAS ALSO REINFORCED BY THE FACT THAT HE HAD DONE THIS BEFORE JUST WKS EARLIER (PROBABLY DURING HIS IOE). AS FATE WOULD HAVE IT, THE WX AT LAX DID DETERIORATE TO BELOW CAT IIIA MINIMUMS AND WE WERE GIVEN HOLDING OVER REYES INTXN. I WAS THE PF AND WE DECIDED THAT I WOULD CONTINUE FLYING AND WORK THE #1 RADIO (ATC). THE CAPT THEN CALLED A FLT ATTENDANT TO ASK THE JUMP SEATING CAPT TO COME UP FRONT. HE ALSO CALLED ON THE COMPANY FREQ AND REQUESTED A PATCH THROUGH TO OUR DISPATCHER. ONCE SPEAKING WITH THE DISPATCHER HE REQUESTED THAT THE DISPATCHER AMEND OUR RELEASE AND SHOW THE JUMP SEATING CAPT AS THE NEW PIC, AS THE WX WAS NOW FLUCTUATING TO ALLOW FOR CAT IIIA APCHS ONLY. APPROX 15-20 MINS PASSED AND THE DISPATCHER CAME BACK AND SAID THAT OUR REQUEST WAS APPROVED AND AMENDED OUR RELEASE TO NOW SHOW THE JUMP SEATING CAPT AS THE PIC. AT THIS POINT THE 2 CAPTS TRADED SEATS. WE THEN BRIEFED AND CONDUCTED THE NORMAL AND REQUIRED CHKLISTS AND PROCS AS PROVIDED BY OUR COMPANY. AT THIS POINT WE INFORMED ATC THAT WE WERE CAT IIIA CAPABLE AND WERE RELEASED FROM OUR HOLD. A NORMAL CAT IIIA APCH, LNDG, AND TAXI TO THE GATE CONCLUDED THIS FLT. AFTER THE POSTFLT CHKLISTS WERE COMPLETED, THE CAPTS DISCUSSED TALKING TO DISPATCH AND SCHEDULING TO SHOW THAT THE APPROPRIATE DUTY TIME AND PAY WOULD BE ALLOCATED FOR. THEY BOTH THEN EXITED THE ACFT AND THAT WAS THE LAST I SAW OF THEM AS THIS WAS THE LAST LEG OF OUR TRIP. SEVERAL DAYS LATER, I WAS TO FIND OUT THAT AS THE 2 CAPS WERE EXITING THE JETWAY THEY WERE CONFRONTED BY THE OUTBOUND CAPT OF OUR ACFT. HE APPARENTLY HAD BEEN IN OPS AND MONITORING THE RADIO CONVERSATION THAT HAD TAKEN PLACE BTWN OUR ACFT, DISPATCH AND OPS. THE OUTBOUND CAPT WAS SAID TO HAVE BEEN UPSET THAT THE SEAT SWAP HAD TAKEN PLACE AND FELT THAT IT WAS HIGHLY UNUSUAL AND POSSIBLY ILLEGAL. THE FACT THAT HE FELT THIS WAY, WITHOUT MENTIONING HIS CONCERNS TO OUR DISPATCHER IS STILL A MYSTERY TO ME. HOWEVER, IT IS BECAUSE HE RAISED THIS QUESTION THAT I FEEL COMPELLED TO FILE THIS RPT IN THE FIRST PLACE. I FEEL THAT THE DECISIONS AND ACTIONS WE TOOK WERE LEGAL AND AT NO TIME PUT THE SAFETY OF THE FLT IN QUESTION. IN MY OPINION, THE PIC OF THE ACFT WAS CURRENT AND LEGAL AT ALL TIMES. WE HAD VERBALLY AMENDED OUR RELEASE WITH OUR DISPATCHER, BUT IN ALL HONESTY, I CANNOT RECALL IF WE AMENDED THE WRITTEN RELEASE ABOARD THE ACFT. IT SHOULD BE NOTED THAT THE CURRENT RELEASE, FLT PLAN, REQUIRED WX, NOTAMS, ETC ARE CARRIED ABOARD THE ACFT FOR REVIEW. WE CONDUCTED BRIEFINGS, SO AT NO TIME WAS THE PIC OF THE ACFT UNINFORMED TO ACT AS PIC. FARS STATE THAT THE 'PIC MEANS THE PERSON WHO: 1) HAS FINAL AUTH AND RESPONSIBILITY FOR THE OP AND SAFETY OF THE FLT. 2) HAS BEEN DESIGNATED AS PIC BEFORE OR DURING THE FLT, AND 3) HOLDS THE APPROPRIATE CATEGORY, CLASS, AND TYPE RATING, IF APPROPRIATE, FOR THE CONDUCT OF THE FLT.' NOTING THAT THIS ALLOWS FOR DESIGNATION AS BEFORE OR DURING THE FLT I FEEL THE PIC OF OUR FLT WAS ALWAYS WITHIN THE SPIRIT OF THE FARS AND CLRLY SAFE AND APPROPRIATE FOR THE PHASE OF FLT THAT WE WERE IN.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.