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FEALX SID, KFLL. Accelerate to 250 knots

Asked by: 632 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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  1. John D Collins on Mar 28, 2025

    From the AIM:

    “Standard Instrument Departures are air traffic control (ATC) procedures printed for pilot/controller use in graphic form to provide obstruction clearance and a transition from the terminal area to the appropriate en route structure. SIDs are primarily designed for system enhancement and to reduce pilot/controller workload. ATC clearance must be received prior to flying a SID.”

    So a SID is always part of an ATC clearance and therefore an authorization by ATC to comply with the SID makes the exception “Unless otherwise authorized or required by ATC” apply. This kind of wording of a note in the SID would be problematic if it involved flight under a Class B shelf, because ATC does not have the authority to waive the regulation mandating a 200 Kt speed limit. A SID is just a detailed graphical route that reduces pilot/controller communication and provides both obstacle clearance and a procedure that meets the local ATC facility requirements for departing aircraft.

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