Approach categories ABCDE and COPTER

I'll say this again - the military regulations are negotiated with the FAA. This is an area where the DoD has said that it is not going to comply with the FARs, and the letter is the FAA saying, "yep, that's all right".

The FAA is authorized to issue waivers from its own regulations, as per §91.903 Policy and procedures. Sounds like a waiver was requested and given.

Again, military aviators are not certificated by the FAA, and thus are not regulated by the FAA
Why do you think Part 91 regulations only apply to airmen certified by the FAA? Per 91.1, the regulations apply to "aircraft" operating within the United States, no restriction regarding civil or military, American or foreign.

Given that

  1. 14 CFR 91.1 says the regulations apply to all aircraft, and
  2. the regulations contain numerous exemptions for military aircraft, and
  3. that the DoD seeks and acquires waivers from the FAA for other regulations,
I find the position that Part 91 regulations "don't apply" to military aircraft unsupportable.
 
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