On Sep 7, 8:01*pm, John Cochrane
wrote:

• if in the judgment of the CD there was any realistic possibility of
a vertical airspace violation, the closest vertical approach to the
nearest closed airspace shall be calculated based on a climb rate of
1000 feet per minute

I missed this one.

Does that mean that you could get a penalty if you get within
1,000*(sample interval in seconds)/60 of 17,500', and if you drop
fixes you are at risk for a penalty if you are within (# dropped
fixes)*1,000*(sample interval in seconds)/60 of 17,500'. Is there also
a decent rate calculation to get you back down to your next fix?

There must be some threshold that determines "realistic possibility".

9B