ZOB controller described a probable MOA incursion event involving an IFR aircraft electing to transv...

Narrative:

Aircraft departed roc; filed direct. His route of flight was taking him through the misty military operations area (MOA) which was active from 003b490. I was performing OJT and instructed the developmental to call rochester approach and tell them he cannot fly through the misty. The approach controller told us; 'I have advised him of the misty and he wants to proceed anyway; it is a restricted area; not a prohibited area.' I said let me seek further clarification and call you back. I asked our supervisor who in turned called our military desk. The military desk could not give a timely answer by the time the aircraft was at our boundary so I made a decision based on the fact we are aware when aircraft are in the MOA; there was presently no aircraft in the MOA and the 7110.65 allows for IFR aircraft to fly through military operations area if IFR separation can be provided. Since no aircraft were in the MOA; IFR separation was provided as the aircraft traversed through the MOA. The military desk called when the aircraft was half way through the MOA and said he cannot go in there. The supervisor suggested we turn him out but the fastest way out was to continue on course. It is questionable whether a violation occurred since IFR separation was provided the entire time; but it could come down to an interpretation of the rule so I am filing this report.

Original NASA ASRS Text

Title: ZOB Controller described a probable MOA incursion event involving an IFR aircraft electing to transverse the area; the reporter questioning the applicable procedures involved in this instance.

Narrative: Aircraft departed ROC; filed direct. His route of flight was taking him through the MISTY Military Operations Area (MOA) which was active from 003B490. I was performing OJT and instructed the developmental to call Rochester Approach and tell them he cannot fly through the MISTY. The Approach Controller told us; 'I have advised him of the MISTY and he wants to proceed anyway; it is a restricted area; not a prohibited area.' I said let me seek further clarification and call you back. I asked our Supervisor who in turned called our military desk. The military desk could not give a timely answer by the time the aircraft was at our boundary so I made a decision based on the fact we are aware when aircraft are in the MOA; there was presently no aircraft in the MOA and the 7110.65 allows for IFR aircraft to fly through Military Operations Area if IFR separation can be provided. Since no aircraft were in the MOA; IFR separation was provided as the aircraft traversed through the MOA. The military desk called when the aircraft was half way through the MOA and said he cannot go in there. The Supervisor suggested we turn him out but the fastest way out was to continue on course. It is questionable whether a violation occurred since IFR separation was provided the entire time; but it could come down to an interpretation of the rule so I am filing this report.

Data retrieved from NASA's ASRS site as of July 2013 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.

Attributes
ACN	1020814
Time
Date	201207
Local Time Of Day	0001-0600
Place
Locale Reference	ZOB.ARTCC
State Reference	OH
Aircraft 1
Make Model Name	Small Aircraft
Flight Phase	Cruise
Flight Plan	IFR
Person 1
Function	Enroute Instructor
Qualification	Air Traffic Control Fully Certified
Events
Anomaly	ATC Issue All Types Airspace Violation All Types

ZOB controller described a probable MOA incursion event involving an IFR aircraft electing to transverse the area; the reporter questioning the applicable procedures involved in this instance.