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Not anything. They cannot construct a non-radar missed approach
procedure, nor can they waive notes on an approach chart (those
are regulatory).


They're regulatory? Please cite the regulation.

The need for equipment requirement notes is determined by evaluating all
SIAP segments, including the missed approach procedure. A few years ago
many of these notes began appearing on procedures where the entire approach
could be flown without use of the specified equipment. Apparently some
approach designers did not have a good understanding of how approaches are
flown.