FS never exercised Operational Control. That was an ATC responsibility. No one is debating about whether or not the pilot can choose to try an approach. The discussion is whether you can expect or should plan to have to attempt one in the first place. If you plan using faulty information, then continue while using other faulty information, you are in for a world of hurt when you finally get there. I don't care if you have 12 bars on your shoulders, if you arrive without the fuel to get in or to go somewhere else, your options are pretty limited. A couple of 737 drivers got themselves nearly painted into a corner. I can't see a whole lot changing to prevent it maybe happening again, just a lot of finger pointing.