"John R Weiss" wrote in message
news:6mbUb.221265$xy6.1135343@attbi_s02...

According to "the FAA" (John D. Lynch, GENERAL AVIATION CERTIFICATION
BRANCH,
AFS-840):

'This goes back to earlier statement in Answer 1 where I said the
weather
conditions establish whether the flight is in "actual instrument
conditions."
And that is dependent on the weather conditions where the aircraft is
physically
located and the pilot makes that determination as to whether the flight is
in
"actual instrument conditions" or he is performing instrument flight under
"simulated instrument conditions."' (Part 61 FAQ, 7/14/03, p. 99)


Note: "the pilot makes that determination"


Read the regulation.