ACR-MLG RESTRICTED TO 2000' DURING DEP FOR SMA HOLDING AT NDB; VFR AT 2500'.

Narrative

MLG X WAS CLRED FOR TKOF ON RWY 27L AT THE MLB ON RWY HDG AND INSTRUCTED TO LEVEL OFF AT 2000' MSL (INITIAL ALT CLRNC GIVEN BY CLRNC DELIVERY). AFTER TKOF; WE WERE TOLD TO CHANGE OVER TO PATRICK APCH FREQ. WE CONTACTED PATRICK AND WERE IN THE PROCESS OF LEVELING OFF AT 2000' MSL WHEN WE WERE ADVISED THERE WAS SMA TFC HOLDING AT THE SATELLITE NDB (257 SQT) AT 2500' MSL LOCATED 2.1 MI DUE W OF THE DEP END OF RWY 27L. AT 2000' MSL UPON LEVEL OFF AND CONCURRENT WITH ADVISORY; WE VISUALLY ACQUIRED THE SMA WHO WAS HDG IN THE OPP DIRECTION APPROX OVER THE SQT NDB. MY FIRST REACTION AND THAT OF MY F/O WAS TO TAKE EVASIVE ACTION AWAY FROM THE AFOREMENTIONED ACFT. AT THIS TIME WE WERE AT 220-230 KTS AND RETARDING THE PWR SO AS NOT TO EXCEED 250 KTS. I ASKED THE CTLR IF THIS WAS A STANDARD PROC TO ALLOW PEOPLE TO HOLD AT THAT ALT THAT CLOSE TO THE DEP END OF AN ACTIVE TKOF RWY. SHE RESPONDED THAT I WAS GIVEN A 'LEGAL CLRNC.' I SEEM TO REMEMBER THAT A SUPVR CAME ON THE RADIO AND MADE A COMMENT THAT THE PROC WAS NOT A PARTICULARLY GOOD ONE. ASIDE LEGALITY; I ASKED THE CTLR IF SHE THOUGHT IT WAS A PRUDENT PROC TO BE USING WHILE COMMERCIAL ACFT WERE DEPARTING AN ARPT. I ALSO RESPONDED THAT THE PLT OF THE SMA WAS CRAZY TO BE FLYING IN THAT PARTICULAR AIRSPACE WHICH WAS ALONG THE EXTENDED CENTERLINE OF THE DEP RWY. MY FINAL COMMENT WAS THAT IN THE FUTURE IF THEY WERE CONDUCTING SUCH OPS THAT I WOULD PREFER TO HOLD IN POS UNTIL THEY CLRED THAT ACFT OUT OF MY DEP PATH. I WAS THEN HANDED OFF TO THE NEXT FREQ. MY POINT IS THIS: IS THIS A PRUDENT ATC PROC? THIS PROC MAY WORK 'LEGALLY' (?); BUT WHAT IF THE SMA HAS AN ENG FAILURE OR SOME OTHER MAJOR EMER AND DECIDES TO LAND ON RWY 9R MLB (SAME RWY; OPP DIRECTION). THE CHANCE OF A COLLISION RISES ASTRONOMICALLY; ESPECIALLY IF HE/SHE DOESN'T HAVE MY MLG IN SIGHT. HOW MANY EXPERIENCED PLTS (COMMERCIAL OR PVT) WOULD KNOWINGLY ACCEPT SUCH A TKOF CLRNC IF THEY HAD BEEN ADVISED OF THIS SITUATION IN ADVANCE? NOT MANY; I PREDICT.