Requirement to fly departure procedures

wrote:



Which brings up an interesting question. I use jepps, and perusing
through many airports (Mass for eg, Bedford, Boston, Hyannis,
Nantucket, lawrence, beverly, etc) I don't see *ANY* FAA departure
procedures (other than ifr).

Should I be perusing some other sources?
Where does one find departure procedures listed?

thanks, Stan



They are local in nature. Sometimes they are on a sign near the runway, sometimes
in the FBO. Often, there aren't any.

wrote in message
...

That applies to any local departure procedure for traffic or noise
abatement. It does not apply to IFR departure procedures.


It says "departure procedures established for that airport by the FAA".
That doesn't sound local to me.

"Steven P. McNicoll" wrote:

wrote in message
...

That applies to any local departure procedure for traffic or noise
abatement. It does not apply to IFR departure procedures.


It says "departure procedures established for that airport by the FAA".
That doesn't sound local to me.

If you can find them in a national charting publication, let us know. They
are the product of the airport authority and blessed by the region for that
airport.

wrote in message
...

If you can find them in a national charting publication, let us know.
They
are the product of the airport authority and blessed by the region for
that
airport.


You can find departure procedures in U.S. Terminal Procedures publications.
These procedures are the product of the FAA, not the airport authority.

"Steven P. McNicoll" wrote

wrote
If you can find them in a national charting publication, let us
know. They are the product of the airport authority and blessed
by the region for that airport.


You can find departure procedures in U.S. Terminal Procedures
publications. These procedures are the product of the FAA, not
the airport authority.

Perhaps you haven't seen the departure procedures to which Mr.
Airperson and I have made reference.

Bob Moore

"Steven P. McNicoll" wrote:

wrote in message
...


You can find departure procedures in U.S. Terminal Procedures publications.
These procedures are the product of the FAA, not the airport authority.

The only departure procedures in the U.S. Terminal Procedures are IFR Obstacle
and IFR ATC DPs. We're talking of noise abatement departure procedures here.

wrote in message
...


"Steven P. McNicoll" wrote:

wrote in message
...

That applies to any local departure procedure for traffic or noise
abatement. It does not apply to IFR departure procedures.


It says "departure procedures established for that airport by the FAA".
That doesn't sound local to me.

If you can find them in a national charting publication, let us know.
They
are the product of the airport authority and blessed by the region for
that
airport.


Procedures established by the FAA can be found in Part 93. An example
follows:

Part 93 - Special Air Traffic Rules
Subpart J - Lorain County Regional Airport Traffic Rule

§ 93.119 Aircraft operations.
Each person piloting an airplane landing at the Lorain County Regional
Airport shall enter the traffic pattern north of the airport and shall
execute a right traffic pattern for a landing to the southwest or a left
traffic pattern for a landing to the northeast. Each person taking off from
the airport shall execute a departure turn to the north as soon as
practicable after takeoff.

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A legal opinion on the initial question follows:

November 30, 1993
Dear Mr. McBride and Mr. Birdsong:

This is in response to your letter of June 30, 1993, in which you request an
interpretation of Section 91.129(f) of the Federal Aviation Regulations
(FAR) (14 CFR Section 91.129 (f)).

Section 91.129(f) states, in part, that no person may operate an aircraft
taking off from an airport with an operating control tower unless he
complies with any departure procedures established for that airport by the
Federal Aviation Administration (FAA). Instrument Flight Rules (IFR)
departure procedures are established to provide a safe and efficient route
from an airport to the minimum enroute altitude.

The FAA establishes IFR departure procedures in accordance with criteria set
forth in the United States Standard for Terminal Instrument Procedures
(TERPs). IFR departure procedures established under the TERPs are designed
to ensure terrain and obstacle clearance provided a pilot adheres to them.

In your letter, you ask whether a pilot must adhere to an IFR departure
procedure when cleared for takeoff at an airport with a published IFR
departure procedure. You specifically ask whether a pilot is required to
adhere to such a procedure under various operating conditions.

Under Section 91.113(b), when weather conditions permit, a pilot must
operate his aircraft so as to see and avoid other aircraft regardless of
whether the flight is conducted under Visual Flight Rules (VFR) or under
IFR. However, under Part 91, a pilot generally is not required to adhere to
a published IFR departure procedure. Under Instrument Meteorological
Conditions (IMC), a pilot should, but is not required to, follow an IFR
departure procedure. When outside of radar coverage, however, a pilot
remains responsible for terrain and obstacle clearance.

Furthermore, Section 91.123 provides that a pilot may not deviate from an
Air Traffic Control (ATC) clearance except in an emergency or unless an
amended clearance has been obtained. Accordingly, a pilot operating under
Part 91 must follow an IFR departure procedure when it is part of the
applicable ATC clearance.

Under Part 121 or Part 135, a pilot is required to follow any published IFR
departure procedure regardless of whether the flight is conducted under VMC
or under IMC.

If you have any further questions regarding this matter, please contact
Patricia R. Lane, Manager, Airspace and Air Traffic Law Branch.

Sincerely,

Donald P. Byrne
Assistant Chief Counsel
Regulations Division

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Following is a legal opinion regarding locally defined arrival & departure
procedures.:

Interpretation of FAR Section 91.89(a)(3)

John B. Cassady, Assistant Chief Counsel, AGC-200

ASW-7.4

This is in response to your memo of August 22, 1983, requesting an
Interpretation of FAR Section 91.89(a)(3). Specifically, you describe an
airport that to privately owned and used, without an operating control tower
and outside any control zone. It has one runway, R 17-35, and serves gliders
and airplanes. The owner/manager has issued a diagram depicting a left-hand
traffic pattern for the airport. He announced that he intended everyone to
use a left-hand pattern, including both landing and departing aircraft. GADO
personnel were at an airport safety meeting at which the diagram was handed
out, but they did not comment on the traffic pattern. Since then, an
airplane towing a glider has been reported making close-in, right-hand
departures from the airport. You ask whether this operation is in violation
of the FAR, and if not, you ask under what circumstances Section 91.89(a)(3)
could be cited.
As you know, Section 91.89(a)(3) provides that each person operating an
aircraft to or from an airport without an operating control tower shall, in
the case of an aircraft departing the airport, comply with any FAA traffic
pattern from that airport,
In your example, it does not appear that there is any form of FAA traffic
pattern for departing aircraft. The pattern announced by the owner did not
receive FAA approval, and there is so FAR that specifically describes
patterns for departing aircraft at such an airport. Therefore, it does not
appear that the pilot violated Section 91.89(a)(3). The only possible FAR
violation that we have identified to Section 91.9. This would, of course,
depend on whether on any given flight the pilot operated the aircraft in a
careless or reckless manner so as to endanger the life or property of
another. The facts as you have described them do not suggest such a finding.

Kris

Kris Kortokrax wrote:



Procedures established by the FAA can be found in Part 93. An example
follows:

Part 93 - Special Air Traffic Rules
Subpart J - Lorain County Regional Airport Traffic Rule

Those are special air traffic rules. That is different than the local noise
abatement departures at many Class D airports that have no Part 93 rules.



§ 93.119 Aircraft operations.
Each person piloting an airplane landing at the Lorain County Regional
Airport shall enter the traffic pattern north of the airport and shall
execute a right traffic pattern for a landing to the southwest or a left
traffic pattern for a landing to the northeast. Each person taking off from
the airport shall execute a departure turn to the north as soon as
practicable after takeoff.


Thoes Part 93 procedure are established for both arrivals and epartures, which
is different that the Class D departure reference in Part 91.


----------------------------------------------------------------------------
-----------------------------------

A legal opinion on the initial question follows:

November 30, 1993
Dear Mr. McBride and Mr. Birdsong:

This is in response to your letter of June 30, 1993, in which you request an
interpretation of Section 91.129(f) of the Federal Aviation Regulations
(FAR) (14 CFR Section 91.129 (f)).

Section 91.129(f) states, in part, that no person may operate an aircraft
taking off from an airport with an operating control tower unless he
complies with any departure procedures established for that airport by the
Federal Aviation Administration (FAA). Instrument Flight Rules (IFR)
departure procedures are established to provide a safe and efficient route
from an airport to the minimum enroute altitude.

The FAA establishes IFR departure procedures in accordance with criteria set
forth in the United States Standard for Terminal Instrument Procedures
(TERPs). IFR departure procedures established under the TERPs are designed
to ensure terrain and obstacle clearance provided a pilot adheres to them.

In your letter, you ask whether a pilot must adhere to an IFR departure
procedure when cleared for takeoff at an airport with a published IFR
departure procedure. You specifically ask whether a pilot is required to
adhere to such a procedure under various operating conditions.

Under Section 91.113(b), when weather conditions permit, a pilot must
operate his aircraft so as to see and avoid other aircraft regardless of
whether the flight is conducted under Visual Flight Rules (VFR) or under
IFR. However, under Part 91, a pilot generally is not required to adhere to
a published IFR departure procedure. Under Instrument Meteorological
Conditions (IMC), a pilot should, but is not required to, follow an IFR
departure procedure. When outside of radar coverage, however, a pilot
remains responsible for terrain and obstacle clearance.

Furthermore, Section 91.123 provides that a pilot may not deviate from an
Air Traffic Control (ATC) clearance except in an emergency or unless an
amended clearance has been obtained. Accordingly, a pilot operating under
Part 91 must follow an IFR departure procedure when it is part of the
applicable ATC clearance.

Under Part 121 or Part 135, a pilot is required to follow any published IFR
departure procedure regardless of whether the flight is conducted under VMC
or under IMC.

If you have any further questions regarding this matter, please contact
Patricia R. Lane, Manager, Airspace and Air Traffic Law Branch.

Sincerely,

Donald P. Byrne
Assistant Chief Counsel
Regulations Division

That letter tells us if you're not for hire, you don't have to follow any
published IFR obstacle DP unless it's included in your clearance. That extends
to all airports, not just Class D airports, and it's different than the noise
abatement departure procedure referenced in Part 91.

"Kris Kortokrax" wrote in message
m...

Procedures established by the FAA can be found in Part 93. An example
follows:

Part 93 - Special Air Traffic Rules
Subpart J - Lorain County Regional Airport Traffic Rule

§ 93.119 Aircraft operations.
Each person piloting an airplane landing at the Lorain County Regional
Airport shall enter the traffic pattern north of the airport and shall
execute a right traffic pattern for a landing to the southwest or a left
traffic pattern for a landing to the northeast. Each person taking off
from the airport shall execute a departure turn to the north as soon as
practicable after takeoff.


True enough, but if FAR 91.129(g) was written with Part 93 in mind it would
be redundant, as it is already covered by FAR 91.127(b) and FAR 91.129(a)
requires compliance with FARs 91.126 and 91.127.

The regulations are probably the worst place to look for answers to
procedural questions. Try reading AIM 5-2-6 in its entirety. That "immediate
turn" should be no lower than 400' agl. Second, you are forgoing the
obstacle protection afforded by the DP. Not real wise IMHO.

Bob Gardner

wrote in message
...
I was always under the assumption that if my atc clearance received on
the ground was direct to a fix, I was free to forgo the departure
procedure and do an immediate turn after takeoff. I note that FAR
91.129, Operations in class D airspace states that:

"(g) Departures. No person may operate an aircraft departing from an
airport except in compliance with the following:
(1) Each pilot must comply with any departure procedures established
for that airport by the FAA."

So how, on a good weather delay, can one avoid flying the departure
procedure? Note the word "established" vice "assigned"

Stan