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Old 13th Jul 2010, 16:58
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Northbeach
 
Join Date: Aug 2008
Location: North America
Age: 64
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Still looking for the answer.............

I’ll restate the question and try to be as clear as possible. In the United States; what constitutes “being authorized by the Administrator” to exceed 250 KIAS below 10,000?

If ATC issues me the following clearance “maintain 280 KIAS when able”, and I am below 10,000, have I been “authorized by the Administrator” to exceed 250 KIAS below 10,000?

Will somebody from SoCal ATC please explain what the ATC specialists wanted me to do when being at 6,000’ climbing in a 737 NG to an assigned altitude of 14,000 or 16,000 I was told to “maintain 280 (knots-airspeed not an altitude) when able”. Do you want me to fly 280 KIAS now (below 10,000) or do you want me to fly 280 once I am above 10,000? I am certainly able to do 280 kts NOW.

In the first case it would seem you are trying to put distance between me and the aircraft following (multiple departures off KSNA following the lifting of the AM curfew). In the second case it seems you are slowing me down (above 10,000)? If the concern was my speed above 10,000’ why not say something like “Don’t exceed 280 in the/your climb”?

So specifically after having received the “maintain 280 when able” clearance, what airspeed do you want me to indicate between my current altitude of 6,000’ and 10,000’?

I have a copy of 91.117 in front of me and am familiar with the vocabulary, however what does it mean? A response from a FAA attorney with case history would be greatly appreciated!
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