Your Congressman sets the FAA budget every two years. The
FAA has to answer Congress' requests on demand. Call your
Congressman and I'll can mine and raise the issue. I know
my Congressman personally and have his phone number
memorized and call his staff by first name. Let's start a
movement, everybody call your Congressman about stupid FAA
rules and interpretations.

There is an election November 7, they will listen to you now
and they will be "home" looking to talk face to face.



--
The people think the Constitution protects their rights;
But government sees it as an obstacle to be overcome.
some support
http://www.usdoj.gov/olc/secondamendment2.htm
See http://www.fija.org/ more about your rights and duties.


"Peter Duniho" wrote in
message ...
| "Jim Macklin" wrote
in message
| news:bAeyg.84402$ZW3.76333@dukeread04...
| Yes, I read your words and my opinion is that your FSDO
is
| insane.
|
| Perhaps they are. I have no facts to suggest otherwise.
|
| However, be that as it may, they are interpreting the
FARs, and the NTSB has
| found that where the FARs are vague, the FAA's
interpretation is the one
| that is used, even if that interpretation is contrary to
"common definition"
| (and frankly, the actual "common definition" of "sparsely"
is even more
| vague than any official definition...can you tell me
exactly how "widely
| spaced" the intervals between population need to be in
order to qualify as
| "sparsely" under the common definition of "Occurring,
growing, or settled at
| widely spaced intervals"?).
|
| The FAA publications teach missed approaches, low
approaches
| and all manner of low flight.
|
| Beyond missed approaches, low approaches, takeoffs, and
landings, what
| flight below 500' does the FAA teach? More specifically,
what low flight
| that cannot be accomplished at an airport does the FAA
teach?
|
| If you are OVER a town, it
| can be identified and a pilot knows what altitude he is
| expect to fly. When over open range, trees, water or an
| area with no concentration of houses or buildings, that
| constitutes "sparsely" by common definition.
|
| And yet, there's at least one pilot who was found in
violation of 91.119
| while flying below 500' in "an area with no concentration
of houses or
| buildings".
|
| I don't agree with the interpretation, but given the broad
latitude the FAA
| is granted in enforcing their regulations, it's important
for every pilot to
| understand the precedents.
|
| [...]
| The FAA interpretation you say the FAA enforces in your
| region is nonsense and since they have brought cases, it
is
| open to challenge, Congressional over-sight, and public
| demonstration.
|
| I agree it would have been more informative had this pilot
contested the
| violation. As it happens, he was let off without so much
as a suspension,
| and so he was happy to not make waves. However, I am not
so naive as to
| think that he would have had an open and shut case in
contesting the action.
|
| [...] But any
| pilot expects to be able to fly a low approach and do a
| go-around.
|
| Again, completely irrelevant to the question of "sparsely
populated".
|
| Many CFIs have their students fly along and just
| a few feet above the runway, planning not to land, even
| though the speed is right ay 1.3 Vso. Some times we do
have
| tire contact, but it wasn't planned.
|
| Yes, I know. I even benefited from this practice, and
I've never heard of
| anyone being cited because of it. However, still
completely irrelevant to
| the question of "sparsely populated".
|
| If an agent of the Administrator asks you to do
something or
| clears you to do some something, that is approval by the
| Administrator.
|
| Again, completely irrelevant.
|
| The FAA has many agents, some like airplanes and some
still
| think they are a Col. in the USAF. If you take a NASA
night
| photo of the area and it is dark, it is sparsely
populated.
|
| A relevant claim, but unfounded in this context. I'm
aware of no FAA
| interpretation that describes "sparsely populated" in that
manner.
|
| [...]
| But just because you say it, I say it, the FAA says it
or
| even an NTSB law judge says it, it may not be correct.
| Congress and the US Supreme Court are the final say.
|
| Well, if you're aware of such a case in which the FAA
opinion was overruled,
| I'm all ears. If not, then your own interpretation of
"sparsely populated"
| (which I generally agree with) carries no weight
whatsoever.
|
| Pete
|
|