Narrative:

An mlt X departed iag runway 28R wbound IFR. Requesting to overfly iag falls. A 255 degree heading and climb to 4000 was issued to allow time to coordinate with toronto center. Mlt leveled at 1300 and was told to climb to 4000 two additional times before climbing. The refusal by the aircraft to climb caused him to enter the new niagara falls restr area below the 4000 ft minimum. Solution -- this area should not be restr to IFR iag departures.

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Original NASA ASRS Text

Title: MIL ACFT DEP ASSIGNED CLB TO 4000 FT STAYS DOWN 1300 FT ALLEGEDLY TO VIEW NIAGARA FALLS, PENETRATES NEW RESTR AIRSPACE.

Narrative: AN MLT X DEPARTED IAG RWY 28R WBOUND IFR. REQUESTING TO OVERFLY IAG FALLS. A 255 DEG HDG AND CLB TO 4000 WAS ISSUED TO ALLOW TIME TO COORDINATE WITH TORONTO CTR. MLT LEVELED AT 1300 AND WAS TOLD TO CLB TO 4000 TWO ADDITIONAL TIMES BEFORE CLBING. THE REFUSAL BY THE ACFT TO CLB CAUSED HIM TO ENTER THE NEW NIAGARA FALLS RESTR AREA BELOW THE 4000 FT MINIMUM. SOLUTION -- THIS AREA SHOULD NOT BE RESTR TO IFR IAG DEPS.

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.