Legal or not?

[Eric]

We were not receiving vectors to the final approach course. We were talking to center and they didn't have the ability to do that for us. We were cleared direct to the airport, and then we were cleared for the GPS approach.

 

[avbug]

In which case you are required to fly the full proceedure.

... back in the old no-radar days, filing to points of airway and final approach course intersections was common.

No, it wasn't. You've always been able to file to a point in space, but that has nothing to do with flying the approach. If you're file to a fix on the final approach course, and don't meet the criteria for not being required to fly the full proceedure, then simply put, you must still fly the full proceedure. It's really very simple.

You can file to the outer timbuctoo, if you like, but that doesn't change the requirements of the national airspace system. Back in the non-radar days we were still operating using AN range legs, and largely navigating using course beacons and NDB's. Full proceedures were always the norm, and required.

 

[profile]

Coming in late to this discussion, and apologies if this has already been covered.

As I was one of the participants that was involved in discussion which led to those letters, I notice on my quick scan of this thread that the final letter of the group appears to be missing. Wally Robert's actually wrote all of the letters to FAA, which were signed by Tom Young. I don't have those letters anymore, but I do have all of the responses. The third letter from FAA (below) was sent in reply to clear up the ambiguity that others have noted in this thread. I include the middle letter to keep the context, but it's been previously posted here.

U.S. Department of Transportation
Federal Aviation Administration

Nov 28 1994



This is a clarification of our response to your letter of
August 23, 1993. In that letter you requested an
interpretation of Section 91.175 of the Federal Aviation
Regulation (FAR) (14 C.F.R. Section 91.175). You address
the necessity of executing a complete Standard Instrument
Approach Procedure (SIAP) in a non-radar environment while
operating under Instrument Flight Rules (IFR). Our
response assumes that each of the specific scenarios you
pose speaks to a flight conducted under IFR in a non-radar
environment.

Section 91.175(a) provides that unless otherwise authorized
by the Administrator, when an instrument letdown to a civil
airport is necessary, each person operating an aircraft,
except a military aircraft of the United States, shall use
a standard instrument approach procedure prescribed for
the airport in Part 97.

First you ask whether an arriving aircraft must begin the
SIAP at a published Initial Approach Fix (IAF). A pilot
must begin a SIAP at the IAP as defined in Part 97. Descent
gradients, communication, and obstruction
clearance, as set forth in the U.S. Standard for Terminal
Instrument Approach Procedures (TERPs), cannot be assured
if the entire procedure is not flown.

You also ask whether a Distance measuring Equipment (DME)
arc initial approach segment can be substituted for a
published IAF along any portion of the published, arc. A
DME arc cannot be substituted for a published IAF
along a portion of the published arc. If a feeder route to
an IAF is part of the published approach procedure, it is
considered a mandatory part of the approach.

Finally, you ask whether a course reversal segment is
optional "when one of the conditions of FAR section
91.175(j)is not present." Section 91.175(j) states that in
the case of a radar vector to a final approach course or
fix, a timed approach from a holding fix, or an approach
for which the procedures specifies "no procedure turn," no
pilot may make a procedure turn unless cleared to do so by
ATC.

Section 97.3(p) defines a procedure turn, in part, As a
maneuver prescribed when it is necessary to reverse
direction to establish the aircraft on a intermediate or
final approach course. 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.

It 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


------------------------------------------------------
U.S. Department of Transportation
800 Independence Ave., S.W.
Washington, D.C. 20591

Federal Aviation Administration

DECEMBER 19, 1994

Thank you for your letter concerning standard instrument
approach procedures (SIAP) in a nonradar environment and
the need to begin the procedure at an initial approach fix
(IAF).

The Code of Federal Regulations, Title 14, Part 91.175a
states:

"Unless otherwise authorized by the Administrator, when
an instrument letdown to a civil airport is necessary, each
person operating an aircraft, except a military aircraft of
the United States, shall use a standard instrument approach
procedure prescribed for the airport in part 97 of this
chapter."

SIAP's, as described in Part 97, begin at an IAF. In
Order 7110.65, Air Traffic Control, the Administrator
authorizes a controller to radar vector an aircraft to an
intermediate segment of a SIAP. However, there are no
provisions for "short cutting" any segment of the SIAP in
a nonradar environment. A SIAP must begin at an IAF in a
nonradar environment. This is consistent with the revised
interpretation that was recently furnished to you by the
Federal Aviation Administration Chief Counsel.

There is nothing in Order 7110.65 or the Airman's
Information Manual that contradicts this, so there is no
need to "correct" these publications. A note will be
included in future revisions of these manuals to emphasize
to controllers and pilots that unless a controller is
utilizing radar vectors to an intermediate segment of an
approach, a SIAP will commence at an IAF.

Please direct any questions to Gerald M. Dudley, ATP-126,
at (202) 267-8561.


/s/ L. Lane Speck

L. Lane Speck
Director, Air Traffic
Rules and Procedures Service, ATP-1
--------------------------------------------------