Narrative:

Perceptions: who exactly is ATC? Is it tower? Is it approach? Is it center? The pilot/controller glossary states that ATC is, 'a service operated by appropriate authority to provide the safe, orderly and expeditious flow of air traffic.' the glossary does not specifically state who ATC is--tower, approach or center. The current far part 91.88(C) states that 'no person may operate an aircraft in an airport radar service area unless 2-WAY radio contact is established with ATC prior to entering that area...' who exactly is ATC? Is it tower, approach or center? An ATC specialist, mr. X, from oma approach control talked with members of the offutt aeronautical club during their monthly meeting in 4/88. The club's chief pilot and I asked mr. X, 'who exactly is ATC?' if approach is busy, and an aircraft is at 1000' AGL and approaching the inner ring of the arsa, would it be a problem to contact tower prior to entering the arsa? Mr. X said that contacting tower prior to entry would be all right because the regulations as written do not specify who exactly ATC is. The current far part 91.87(B) is quite specific: 'no person may, within an air traffic area, operate an aircraft to, from or on an airport having a control tower...unless 2-WAY radio communications are maintained between that aircraft and the control tower.' at 1000' AGL, an aircraft sees an arsa at 5 NM and an air traffic area at 5 SM; both airspace require the pilot to have 2-WAY radio communications before operating within the airspace. The arsa specifies ATC, who is assumed to be approach, but that is not specified anywhere, must be contacted. The air traffic area specifies control tower, no questions. The appropriate authority is clear. It would appear that contacting the controller tower will comply with both far part 91.87(B) and 91.88(C), when at 1000' AGL. Problem: I was instructing a student, flying at 1000' AGL. Oma approach was busy coordinating a military clearance while we were 7 mi south of offutt AFB. I opted to contact the offutt control tower, who instructed us to enter a right downwind for a right base to runway 12. Oma approach gave me a call and felt that they were the appropriate and only authority for the arsa. Recommendation: the appropriate authority for an air traffic area is clearly the control tower. If the appropriate authority for an arsa is approach control instead of ATC, then that too should be clear in order to prevent confusion and FAA enforcement action.

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Original NASA ASRS Text

Title: CFI REPORTER CALLS TWR FOR ARSA ENTRY INSTEAD OF OMA APCH DUE TO FREQ CONGESTION ON APCH FREQ.

Narrative: PERCEPTIONS: WHO EXACTLY IS ATC? IS IT TWR? IS IT APCH? IS IT CENTER? THE PLT/CTLR GLOSSARY STATES THAT ATC IS, 'A SVC OPERATED BY APPROPRIATE AUTHORITY TO PROVIDE THE SAFE, ORDERLY AND EXPEDITIOUS FLOW OF AIR TFC.' THE GLOSSARY DOES NOT SPECIFICALLY STATE WHO ATC IS--TWR, APCH OR CENTER. THE CURRENT FAR PART 91.88(C) STATES THAT 'NO PERSON MAY OPERATE AN ACFT IN AN ARPT RADAR SVC AREA UNLESS 2-WAY RADIO CONTACT IS ESTABLISHED WITH ATC PRIOR TO ENTERING THAT AREA...' WHO EXACTLY IS ATC? IS IT TWR, APCH OR CENTER? AN ATC SPECIALIST, MR. X, FROM OMA APCH CTL TALKED WITH MEMBERS OF THE OFFUTT AERO CLUB DURING THEIR MONTHLY MEETING IN 4/88. THE CLUB'S CHIEF PLT AND I ASKED MR. X, 'WHO EXACTLY IS ATC?' IF APCH IS BUSY, AND AN ACFT IS AT 1000' AGL AND APCHING THE INNER RING OF THE ARSA, WOULD IT BE A PROB TO CONTACT TWR PRIOR TO ENTERING THE ARSA? MR. X SAID THAT CONTACTING TWR PRIOR TO ENTRY WOULD BE ALL RIGHT BECAUSE THE REGS AS WRITTEN DO NOT SPECIFY WHO EXACTLY ATC IS. THE CURRENT FAR PART 91.87(B) IS QUITE SPECIFIC: 'NO PERSON MAY, WITHIN AN ATA, OPERATE AN ACFT TO, FROM OR ON AN ARPT HAVING A CTL TWR...UNLESS 2-WAY RADIO COMS ARE MAINTAINED BTWN THAT ACFT AND THE CTL TWR.' AT 1000' AGL, AN ACFT SEES AN ARSA AT 5 NM AND AN ATA AT 5 SM; BOTH AIRSPACE REQUIRE THE PLT TO HAVE 2-WAY RADIO COMS BEFORE OPERATING WITHIN THE AIRSPACE. THE ARSA SPECIFIES ATC, WHO IS ASSUMED TO BE APCH, BUT THAT IS NOT SPECIFIED ANYWHERE, MUST BE CONTACTED. THE ATA SPECIFIES CTL TWR, NO QUESTIONS. THE APPROPRIATE AUTHORITY IS CLEAR. IT WOULD APPEAR THAT CONTACTING THE CTLR TWR WILL COMPLY WITH BOTH FAR PART 91.87(B) AND 91.88(C), WHEN AT 1000' AGL. PROB: I WAS INSTRUCTING A STUDENT, FLYING AT 1000' AGL. OMA APCH WAS BUSY COORDINATING A MIL CLRNC WHILE WE WERE 7 MI S OF OFFUTT AFB. I OPTED TO CONTACT THE OFFUTT CTL TWR, WHO INSTRUCTED US TO ENTER A RIGHT DOWNWIND FOR A RIGHT BASE TO RWY 12. OMA APCH GAVE ME A CALL AND FELT THAT THEY WERE THE APPROPRIATE AND ONLY AUTHORITY FOR THE ARSA. RECOMMENDATION: THE APPROPRIATE AUTHORITY FOR AN ATA IS CLEARLY THE CTL TWR. IF THE APPROPRIATE AUTHORITY FOR AN ARSA IS APCH CTL INSTEAD OF ATC, THEN THAT TOO SHOULD BE CLEAR IN ORDER TO PREVENT CONFUSION AND FAA ENFORCEMENT ACTION.

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.