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The only departure procedures in the U.S. Terminal Procedures are IFR
Obstacle and IFR ATC DPs. We're talking of noise abatement departure
procedures here.
Actually, we're talking about FAR 91.129(g):
§ 91.129 Operations in Class D airspace.
(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:
(1) Each pilot must comply with any departure procedures established for
that airport by the FAA.
(2) Unless otherwise required by the prescribed departure procedure for
that airport or the applicable distance from clouds criteria, each pilot of
a turbine-powered airplane and each pilot of a large airplane must climb to
an altitude of 1,500 feet above the surface as rapidly as practicable.
It says "any departure procedures established for that airport by the FAA."
"Any" means "one, some, every, or all without specification", and obstacle
departure procedures in the TPP are obviously departure procedures
established by the FAA. So how do you conclude that FAR 91.129(g) is
referring only to noise abatement procedures? If FAR 91.129(g) was meant to
cover noise abatement, what is the purpose of FAR 91.129(h)?
§ 91.129 Operations in Class D airspace.
(h) Noise abatement. Where a formal runway use program has been
established by the FAA, each pilot of a large or turbine-powered airplane
assigned a noise abatement runway by ATC must use that runway. However,
consistent with the final authority of the pilot in command concerning the
safe operation of the aircraft as prescribed in § 91.3(a), ATC may assign a
different runway if requested by the pilot in the interest of safety.
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