"Ron Rosenfeld" wrote in message
...

Since 14 CFR 97 states that the SIAP's are included by reference, it would
seem that the regulatory nature of these SIAP's is pretty clear.


It is to me.



And the procedures based on TERPs are regulatory.


Please cite the FAR that requires a charted PT to be flown whenever one of
the prohibitions of FAR 91.175(j) is not applicable.



Steve,

Myself, Jepp, as well as FAA published legal opinion all agree that a PT
must be flown if the pilot is cleared for a SIAP which includes a PT, and
for which one of the 91.175 exceptions is not present.

SIAP's ARE regulatory. They are included, by reference, in 14 CFR 97.

It is certainly your right to disagree with Jeppesen's interpretation, and
with the FAA Assistant Chief Counsel Regulatory Division's interpretation.

Myself, I will choose to rely on their opinions, and encourage others to
do
the same.

==========================================
Nov. 28, 1994
Mr. Tom Young, Chairman
Charting and Instrument Procedures Committee
Air Line Pilots Association
535 Herndon Parkway
Herndon, VA 22070

Dear Mr. Young,

... A SIAP may or may not prescribe a procedure turn based on the
application of certain criteria contained in the TERPs. However, if a SIAP
does contain a procedure turn and ATC has cleared a pilot to execute the
SIAP, the pilot must make the procedure turn when one of the conditions of
Section 91.175(j) is not present.

If you have any questions regarding this matter, please contact Patricia
R. Lane, Manager, Airspace and Air Traffic Law Branch, at (202) 267-3491.

Sincerely,

/s/
Patricia R. Lane
for Donald P. Byrne
Assistant Chief Counsel
Regulations Division
===========================================

Title 14: Aeronautics and Space
PART 97-STANDARD INSTRUMENT APPROACH PROCEDURES
Subpart C-TERPS Procedures

§ 97.20 General.

(a) This subpart prescribes standard instrument procedures and weather
takeoff minimums based on the criteria contained in FAA Order 8260.3, U.S.
Standard for Terminal Instrument Procedures (TERPs), and other related
Orders in the 8260 series that also address instrument procedure design
criteria.

(b) Standard instrument procedures and associated supporting data adopted
by the FAA are documented on FAA Forms 8260-3, 8260-4, 8260-5. Weather
takeoff minimums are documented on FAA Form 8260-15A. These forms are
incorporated by reference. The Director of the Federal Register approved
this incorporation by reference pursuant to 5 U.S.C. 552(a) and 1 CFR part
51...
==================================


I am aware of that interpretation, I am also aware that is NOT an
interpretation supported by the FARs.