FEALX SID, KFLL. Accelerate to 250 knots
Asked by: MBA320 109 views Airspace, FAA Regulations, Instrument Rating
On the FEALX SID out of FLL, it indicates to accelerate to 250 knots. Normally in a C or D 91.117 limits us to 200 kts within 2500' or 4 NM. However, closer look at 91.117, specifically paragraph (b), says "Unless otherwise authorized or required by ATC...."
My question is does the note on the SID constitute an "authorization" to accelerate before the normal 2500'/4nm limit. Looking to the AIM, 4-4-12, paragraph (k) also implies ATC can authorize it (assuming you are not under an overlying Class B. In this scenario at KFLL, you are not under a B). I've already searched the FAA legal interpretations, and came up empty. Obviously the conservative answer is to simply wait then accelerate, and in many airliners it is somewhat moot because you're just accelerating around the 200 kias mark around the 2500' level anyhow; but I'm looking for any definitive answer (outside of asking FAA legal). Thanks in advance for taking the time to think about this!
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