Narrative:

Departed runway 31 at lga. This runway does not have a safety area as defined in far part 139.309 and advisory circular 150/5200-13. Possible violation of far part 91.9 and 91.10. Callback conversation with reporter revealed the following information: reporter stated that he believed that the advisory circular was mandatory since it was referred to in part 139.309. He was advised that since part 139.309 contained an exception if there was no safety area prior to the dec/87 date and no reconstruction of the runway/taxiway after jan/88, the advisory circular did not apply. Therefore, the lga airport does meet applicable regulations.

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Original NASA ASRS Text

Title: B757 CAPT COMPLAINT THAT LGA RWY 31 DOES NOT HAVE A SAFETY AREA AS REQUIRED BY ARPT CERTIFICATION FAR PART 139 PT 309.

Narrative: DEPARTED RWY 31 AT LGA. THIS RWY DOES NOT HAVE A SAFETY AREA AS DEFINED IN FAR PART 139.309 AND ADVISORY CIRCULAR 150/5200-13. POSSIBLE VIOLATION OF FAR PART 91.9 AND 91.10. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE BELIEVED THAT THE ADVISORY CIRCULAR WAS MANDATORY SINCE IT WAS REFERRED TO IN PART 139.309. HE WAS ADVISED THAT SINCE PART 139.309 CONTAINED AN EXCEPTION IF THERE WAS NO SAFETY AREA PRIOR TO THE DEC/87 DATE AND NO RECONSTRUCTION OF THE RWY/TXWY AFTER JAN/88, THE ADVISORY CIRCULAR DID NOT APPLY. THEREFORE, THE LGA ARPT DOES MEET APPLICABLE REGS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.