gf:
i agree that it is unique, but the TRACON controller's comments seem to indicate that not unheard of. He even cited a case where the controller was "locked out" of the facility. Definitive enough for me.
FAR 91.129 is not written in a way that describes exactly who in ATC is authorized to make these decisions. That certainly will be more clearly defined. i also agree that the crews will not be facing enforcement action, uncalled for in my opinion, based on the ATC transmissions. I find it hard to figure out how the Enforcement Division could make a case for action. They would have to propose the crew violated 91.129 by landing without a clearance AND that should have known that the TRACON could not authorize "uncontrolled" operations. And, as a backup, show that an uneventful landing by two airliners was "careless and reckless". A steep hill to climb.
The hill is steep, indeed, so enforcement action is unlikely. But, the TRACON may take some lumps, which we never hear about.
What bothers me is the feds writing more assinine regulations because of this.