Small aircraft nicked top of arsa while trying to comply with frequency change on crowded frequency.

Attributes
ACN	141854
Time
Date	199004
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sjc
State Reference	CA
Altitude	msl bound lower : 3000 msl bound upper : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : oak
Operator	general aviation : personal
Make Model Name	Small Aircraft, Low Wing, 2 Eng, Retractable Gear
Flight Phase	descent other
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : atp
Experience	flight time last 90 days : 50 flight time total : 28000 flight time type : 500
ASRS Report	141854
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	aircraft equipment problem : less severe non adherence : far other anomaly other
Independent Detector	other controllera
Resolutory Action	none taken : detected after the fact
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

On flight from mry to oak, operating below the sfo TCA, I contacted bay approach over los gatos at 4500 ft and requested permission to descend to 3200 ft to pass just off the southeast corner of moffett at that altitude. I was told to contact sjc on 135.2, but was unable to do so due to heavy radio traffic. Contacting bay approach again, I requested to descend, which of course would pass me through and into the upper 800 ft of the sjc arsa. Upon request of bay approach, I reported my altitude, asking if he had not received my mode C. (My mode C had been reported as being inoperative on an earlier flight, about 5 hours previously, but had been checked as operating subsequently by ground stations.) bay approach replied that they were not receiving mode C and I asked permission to continue. I believed that I had permission and I descended below 4000 ft north of moffett. Before turning me over to oak tower, bay approach asked if I was familiar with the sjc arsa. I replied that I was. The controller responded that I had been over moffett at 3000 ft and that he believed that was within the sjc arsa. (Incidentally, this last was not hurried or argumentative and I believe I responded, 'roger, thank you.') in transiting this area, with which I am familiar, I usually, when in VFR conditions, use the sfo TCA map in the 'pilot's guide to ca airports,' which is quite current and in all respects identical as far as TCA and arsa areas concerned with the latest VFR terminal area chart, 36TH edition. With respect to crossing below the TCA, southeast side, the text states, 'to enter either the arsa or the TCA, call bay approach.' (the text also uses the same language in other areas concerning the TCA.) I have also seen much the same in other pubs. I believe that it might be a good idea to make it clear, if such is the case, that bay approach or some arsa below it has exclusive control in such a condition. The area was not particularly busy at the time of this event, but I have been in such areas during very heavy aircraft movements when it could be very important to know that there is a distinction in control. I did not believe that there was at that time, but am not so sure now.

Original NASA ASRS Text

Title: SMA NICKED TOP OF ARSA WHILE TRYING TO COMPLY WITH FREQ CHANGE ON CROWDED FREQ.

Narrative: ON FLT FROM MRY TO OAK, OPERATING BELOW THE SFO TCA, I CONTACTED BAY APCH OVER LOS GATOS AT 4500 FT AND REQUESTED PERMISSION TO DSND TO 3200 FT TO PASS JUST OFF THE SE CORNER OF MOFFETT AT THAT ALT. I WAS TOLD TO CONTACT SJC ON 135.2, BUT WAS UNABLE TO DO SO DUE TO HEAVY RADIO TFC. CONTACTING BAY APCH AGAIN, I REQUESTED TO DSND, WHICH OF COURSE WOULD PASS ME THROUGH AND INTO THE UPPER 800 FT OF THE SJC ARSA. UPON REQUEST OF BAY APCH, I RPTED MY ALT, ASKING IF HE HAD NOT RECEIVED MY MODE C. (MY MODE C HAD BEEN RPTED AS BEING INOP ON AN EARLIER FLT, ABOUT 5 HRS PREVIOUSLY, BUT HAD BEEN CHKED AS OPERATING SUBSEQUENTLY BY GND STATIONS.) BAY APCH REPLIED THAT THEY WERE NOT RECEIVING MODE C AND I ASKED PERMISSION TO CONTINUE. I BELIEVED THAT I HAD PERMISSION AND I DSNDED BELOW 4000 FT N OF MOFFETT. BEFORE TURNING ME OVER TO OAK TWR, BAY APCH ASKED IF I WAS FAMILIAR WITH THE SJC ARSA. I REPLIED THAT I WAS. THE CTLR RESPONDED THAT I HAD BEEN OVER MOFFETT AT 3000 FT AND THAT HE BELIEVED THAT WAS WITHIN THE SJC ARSA. (INCIDENTALLY, THIS LAST WAS NOT HURRIED OR ARGUMENTATIVE AND I BELIEVE I RESPONDED, 'ROGER, THANK YOU.') IN TRANSITING THIS AREA, WITH WHICH I AM FAMILIAR, I USUALLY, WHEN IN VFR CONDITIONS, USE THE SFO TCA MAP IN THE 'PLT'S GUIDE TO CA ARPTS,' WHICH IS QUITE CURRENT AND IN ALL RESPECTS IDENTICAL AS FAR AS TCA AND ARSA AREAS CONCERNED WITH THE LATEST VFR TERMINAL AREA CHART, 36TH EDITION. WITH RESPECT TO XING BELOW THE TCA, SE SIDE, THE TEXT STATES, 'TO ENTER EITHER THE ARSA OR THE TCA, CALL BAY APCH.' (THE TEXT ALSO USES THE SAME LANGUAGE IN OTHER AREAS CONCERNING THE TCA.) I HAVE ALSO SEEN MUCH THE SAME IN OTHER PUBS. I BELIEVE THAT IT MIGHT BE A GOOD IDEA TO MAKE IT CLEAR, IF SUCH IS THE CASE, THAT BAY APCH OR SOME ARSA BELOW IT HAS EXCLUSIVE CTL IN SUCH A CONDITION. THE AREA WAS NOT PARTICULARLY BUSY AT THE TIME OF THIS EVENT, BUT I HAVE BEEN IN SUCH AREAS DURING VERY HEAVY ACFT MOVEMENTS WHEN IT COULD BE VERY IMPORTANT TO KNOW THAT THERE IS A DISTINCTION IN CONTROL. I DID NOT BELIEVE THAT THERE WAS AT THAT TIME, BUT AM NOT SO SURE NOW.

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.