Flight crew of an air carrier light transport aircraft inadvertently penetrated a TCA without permission to operate without mode C capability on the aircraft transponder.

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Attributes
ACN	241914
Time
Date	199305
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : phl
State Reference	PA
Altitude	msl bound lower : 6000 msl bound upper : 6000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : phl tower : alo
Operator	common carrier : air carrier
Make Model Name	Light Transport, High Wing, 2 Turboprop Eng
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : commercial pilot : instrument pilot : cfi
Experience	flight time last 90 days : 240 flight time total : 4800 flight time type : 3000
ASRS Report	241914
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	aircraft equipment problem : less severe non adherence : far other anomaly other other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance flight crew : overcame equipment problem
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

We were on a flight from abe direct phl. Our mode C was written up and MEL'ed on the previous leg. Prior to departure from abe, we let abe ground know to add on our strip 'mode C inoperative.' our MEL states that we can fly into a TCA as long as we let (and gain permission from ATC) ATC know about our mode C problem prior to 30 mi. The phl approach controller made a big fuss about us, saying that we need a waiver. We were under the impression he could grant a waiver on the spot. Is this a false assumption? Callback conversation with reporter revealed the following information: reporter states that he had purposely notified ATC during clearance delivery with regard to the inoperative mode C transponder and did comply with the provisions of the aircraft MEL. However, when he contacted ATC the controller resisted the scheduled flight request for a moment and then granted the continuation of the clearance to destination. The reporter was advised that he was correct in accordance to far 91.215(D) wherein it states to the effect that a deviation authorization can be given immediately.

Original NASA ASRS Text

Title: FLC OF AN ACR LTT ACFT INADVERTENTLY PENETRATED A TCA WITHOUT PERMISSION TO OPERATE WITHOUT MODE C CAPABILITY ON THE ACFT XPONDER.

Narrative: WE WERE ON A FLT FROM ABE DIRECT PHL. OUR MODE C WAS WRITTEN UP AND MEL'ED ON THE PREVIOUS LEG. PRIOR TO DEP FROM ABE, WE LET ABE GND KNOW TO ADD ON OUR STRIP 'MODE C INOP.' OUR MEL STATES THAT WE CAN FLY INTO A TCA AS LONG AS WE LET (AND GAIN PERMISSION FROM ATC) ATC KNOW ABOUT OUR MODE C PROB PRIOR TO 30 MI. THE PHL APCH CTLR MADE A BIG FUSS ABOUT US, SAYING THAT WE NEED A WAIVER. WE WERE UNDER THE IMPRESSION HE COULD GRANT A WAIVER ON THE SPOT. IS THIS A FALSE ASSUMPTION? CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATES THAT HE HAD PURPOSELY NOTIFIED ATC DURING CLRNC DELIVERY WITH REGARD TO THE INOP MODE C XPONDER AND DID COMPLY WITH THE PROVISIONS OF THE ACFT MEL. HOWEVER, WHEN HE CONTACTED ATC THE CTLR RESISTED THE SCHEDULED FLT REQUEST FOR A MOMENT AND THEN GRANTED THE CONTINUATION OF THE CLRNC TO DEST. THE RPTR WAS ADVISED THAT HE WAS CORRECT IN ACCORDANCE TO FAR 91.215(D) WHEREIN IT STATES TO THE EFFECT THAT A DEV AUTHORIZATION CAN BE GIVEN IMMEDIATELY.

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.