I passed the letter/memo Ron received from the FAA to my group's resident expert. He couldn't understand why AFS-410 wasn't included because they are the responsible branch for operations in the AFS-400 structure.
He sent this to AFS-410. His reference to ProPilotWorld instead of this forum was the result of my mistake in communicating to my group. That doesn't matter, though:
Now in your example (i.e., SBY via V1 to JFK to KFRG), if a pilot were to lose communications where the clearance limit is KFRG, ATC would expect the pilot to fly via the ATC clearance routing and altitude to the IAF for the approach to the runway of intended landing. ATC would expect the pilot to depart the IAF as close as possible to the ETA, as calculated from the filed or amended (with ATC) ETE. In your example, the ATC clearance was SBY via V1 to JFK to KFRG, which makes the IAF as being either the Babylon NDB or FRIKK LOM/IAF, and then depart the IAF as close as possible to the ETA, as calculated from the filed or amended ETE. Meaning, the routing would be SBY via V1 to JFK to the IAF (to either the Babylon NDB or FRIKK LOM/IAF) to KFRG.
AGC 200 has spoken twice to this particular scenario:
31 July 2009, Desselles Jr Letter:
The pilot may begin his/her approach in accordance with paragraph (c)(3) and leave the
clearance limit at the initial approach fix and approach as close as possible to the expect further-
clearance time, if one has been received, or as close as possible to the estimated time
of arrival. If there is no approach fix, the pilot may leave the clearance limit at the expect further-
clearance time if one has been received, or if none has been received, upon arrival
over the clearance limit and proceed to a fix from which an approach begins and commence
descent as close as possible to the estimated time of arrival.
16 March 2010, Olshock Letter:
This is in response to your request for a legal interpretation submitted on December 7,2009,
regarding procedures following loss of communications for flights under instrument flight
rules. Specifically, you posit the following hypothetical scenario:
Flight 123 has received a clearance prior to departure with the phraseology,
'Flight 123 cleared to KXYZ airport as filed, climb and maintain five-thousand,
expect one-zero thousand 10 minutes after departure. Departure frequency
135.25, squawk 1072.' Shortly after departure and after receiving clearance to
climb to ten thousand feet, Flight 123 loses radio communications while in IMC.
According to § 91.185, Flight 123 will continue on the appropriate filed route and
appropriate altitude. As the flight nears the destination airport, the flight crew
notices that they are 25 minutes earlier than their planned ETA.
You then ask, under 14 C.F.R. § 91.185, whether the pilot may "begin an instrument
approach into the destination airport and land regardless of the early arrival because the
airport was given as a clearance limit in the initial ATC clearance."
We recently addressed this issue in a legal interpretation. In that response (a copy of which
is attached), we noted that when the clearance limit is not a fix from which an approach
begins and no expect-further-clearance time is given, the pilot would proceed to the
destination airport, and, upon arrival over it, proceed to a fix from which an approach
begins. The pilot would then commence descent and approach as close as possible to the
estimated time of arrival. See Legal Interpretation to Buster W. Desselles Jr., from Rebecca
B. MacPherson, Assistant Chief Counsel for Regulations (July 31, 2009) -- (RJB: see excerpt above).
Should the pilotarrive over the approach fix earlier than the estimated time of arrival,
the pilot would need to hold at the approach fix until such time as to commence descent
and approach as close as possible to the estimated time of arrival.
The response provided in the ProPilotWorld.com posting does not agree with these two AGC 200 Letters. The correct action should be:
In your example, the ATC clearance was SBY via V1 to JFK to KFRG, which makes the IAF as being either the Babylon NDB or FRIKK LOM/IAF, and then depart the IAF as close as possible to the ETA, as calculated from the filed or amended ETE. Meaning, the routing would be SBY via V1 to JFK to the clearance limit, which is KFRG, and then to the IAF(to either the Babylon NDB or FRIKK LOM/IAF) to KFRG
Not that this makes much difference at KFRG where the IAF is only 4 miles. However, if the IAF is some distance away from the airport (clearance limit), this could mean a significant difference in anticipated flight path of the aircraft, especially in mountain airports or in the western where radar coverage is spotty.
