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Old January 22nd 05, 11:01 AM
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"Steven P. McNicoll" wrote:

wrote in message
...

Never would have thought of this, but it seems plausible enough, now
that you mention it.

Although there is a regulation that says that the pilot is required to
use a prescribed "instrument letdown" when cleared for an approach,
or something like that.

I wonder, would this be a violation of that?


No. That regulation begins with "Unless otherwise authorized by the
Administrator", and FAR Part 1 defines "Administrator" as "the Federal
Aviation Administrator or any person to whom he has delegated his authority
in the matter concerned."


Where the regulations intend to give ATC authority to provide exceptions, it
states "unless otherwise authorized by ATC."

Where it states "unless otherwise authorized by the Administrator" delegation
has to be affirmed by some policy document or other formal agreement.

In the area of instrument approach procedures the Administrator has formally
delegated the authority to pilots to deviate from the requirements of a Part 95
SIAP:

1. Contact approaches provided the policy conditions and limitations set forth
are observed.

2. Visual approaches provided the policy conditions and limitations set forth
are observed.

3. Special instrument approach procedures, authorized for an operator by
operations specifications or a letter or agreement.

4. SAAAR Part 95 procedures, such as Category II and III, and soon-to-be SAAAR
RNP RNAV instrument approach procedures.

Of the foregoing, ATC has the ability to initiate only the visual approach.

I know; you know all of this but others may not.