FAA Letter reg. Making Right Traffic in Circling Approaches at Nontowered Airports when Standard Traffic is NA

[rweas]

I'm preparing for an IFR check-ride in a month, and I'm trying to understand when I can legally make right traffic during circling approaches at nontowered fields when standard traffic at the airport is NA due to IAP notes.

I found an excellent article by @midlifeflyer that answered my question, (which I understand to be if you have to make right traffic to land on a runway that's normally left traffic at an un-towered field then it's OK), including a quote from the FAA that seems to validate my interpretation. However after searching Google for a while, I've been unable to find the full primary source that the article referenced.

This is my first post on the site (long-time reader though), so I'm unable to post a link to the article. Here is the relevant quote from the article, which is itself quoting from the FAA Flight Standards letter I'm searching for:

the approach chart requires that a pilot circling for an approach to Runway 27 avoid circling south of 27. He or she, therefore, may be required to make right traffic to Runway 27 (italics in original)

If anyone has a link to this FAA article, or more context on this, I'd really appreciate it!

N.B.: I'm aware of the safety considerations that would be involved with flying opposite VFR traffic in the pattern, my question is mainly trying to understand the legality of such an approach.

 

[EdFred]

N.B.: I'm aware of the safety considerations that would be involved with flying opposite VFR traffic in the pattern, my question is mainly trying to understand the legality of such an approach.

If you can fly the last 1000' to the ground VFR, you don't need to fly it opposite pattern, you cancel and get in the pattern with everyone else.

 

[midlifeflyer]

My IFR Magazine article (one of those with no paywall) is here.
Circling Revisited

There is no link to the FAA 's letter. Neither the Maples letter that led to the article nor Flight Standard's response to me are in any of the FAA's official document repositories. The one to me with the quote you posted was part of an email exchange.

 

[Matthew]

I remember a discussion with a CFII buddy about the scenario where the plate says “circling approach NA…” on whatever side that would mean you would have to go opposite traffic.

“And that’s ANOTHER reason not to do a circling approach.”

 

[John Collins]

Bottom line, you must circle in the direction of the pattern "Unless otherwise authorized or required". I spent quite a bit of time asking the FAA General Counsel what "authorized or required" meant. If the approach procedure requires that circling in the pattern direction is not authorized, then since the approach procedure is an FAA regulation under part 97, you have to comply with its dictate and fly the opposite direction. So for example, at KBLF, the chart note "Circling NA southeast of RWY 5-23" would not permit circling in the left hand pattern from the Loc Rwy 23 to Rwy 5, so you must circle using right traffic, even though the VFR pattern direction is left traffic. You will note my name is who the FAA General Counsel is responding to in the opinion https://www.faa.gov/sites/faa.gov/f.../2013/Collins-2_2013_Legal_Interpretation.pdf. This was later also incorporated into AC 90-66C-Towered Airport Flight Operations in section 9.11.3

9.11.3 IFR Traffic. Pilots conducting instrument approaches in VMC should be particularly alert
for other aircraft in the pattern so as to avoid interrupting the flow of traffic and should
bear in mind they do not have priority over other VFR traffic. Pilots are reminded that
circling approaches must comply with § 91.126(b) unless the approach procedure
explicitly states otherwise. Remember, if the Chart Supplement lists right-hand traffic at a
non-towered airport, pilots conducting practice instrument approaches in VMC should
circle to the right to enter the traffic pattern.

 

[dans2992]

Fortunately, if the weather is bad enough for a circling approach, the pattern will likely not be very busy.