U.S. Department
Of Transportation
Federal Aviation Administration
Northwest Mountain Region
Colorado, Idaho, Montana
Oregon, Utah, Washington
Wyoming
1601 Lind Avenue, SW
Renton, WA 98055-4099
Tel: (425) 227-2007
Fax: (425) 227-1007
Office of the Regional Counsel
May 30, 2006
Re: Request for Interpretation of 14 CFR Section 91.175(c)(3)(vi)
Dear Mr. Ison:
We are in receipt of your letter, dated May 8, 2006, addressed to the Regional Counsel. In it, you asked whether 14 CFR § 91.175(c)(3)(vi) is restricted specifically to the visual approach slope indicator, as mentioned, or whether it includes all visual guide slope indicators.
The Regional Counsel assigned the matter to me. I, in turn, referred your request to Flight Standards because I perceived your question to be more technical than legal in nature. David Miller, an operations regional specialist in the Flight Standards Regional Office, located here in Renton, was kind enough to review your letter and he responded as follows (paraphrased):
' A pilot may not substitute any other visual glide slope indicator, such as the precision approach path indicator (PAPI), for the visual approach slope indicator (VASI). This is because the rule is very specific about what visual reverences may be used by the pilot to descend below decision height (DH) or minimum descent altitude (MDA). The rule provides for ten specific visual reference options but does not incorporate language permitting substitutions.'
I will only add that I reviewed the regulation, and Mr. Miller's analysis is consistent with general principles of legal interpretation, specifically, that, absent some reason to do otherwise, language statutes and regulations are given their ordinary meaning. I concur with Mr. Miller's reading of the rule.
I hope this answers your inquiry satisfactorily. If you have any further questions on this issue, please feel free to contact me further at the number below, or you may contact Mr. Miller at (425 7-2263.
SRI
David F. Shayne FAA Attorney (425) 227-2165