Originally Posted by
galaxy flyer
FAA ATC is required to assign an altitude with the approach clearance when clearing an aircraft on an unpublished route. See FAAO 7110.65 4-8-1 Approach Clearances. This was very technically legal as the MVA was 7,800 from where the aircraft was located to CEGAN. It was erroneous due to the MVA later on the arc rose to 8,700’. The ATCO would have been better to say, “cross CEGAN at or above 10,000’”.
GF
Given that the aircraft was not provided vectors at this point and ATC would not be providing terrain separation or guidance during the approach, use of the MVA was at best misleading and erroneous, and at worst, very dangerous. The use of MVA in the descent and approach clearance, even if not explicitly stated as MVA, implies that ATC has ratified that as an acceptable altitude. The use of MVA from an ATC perspective also implies a willingness or capability of continuing to provide vectors or direction at that altitude, if given as available, to ensure continued terrain clearance at that altitude.
Unless ATC had every intention of continuing to use MVA throughout the flight progress to the airport in the form of vectors, it shouldn't have been given in the approach clearance.