ARTCC radar controller observed a military aircraft spillout of a warning area into positive control area and close to an air carrier aircraft on an airway. Controller coordination with a milfac who controls the warning area and they had no contact with the military aircraft. ARTCC controller was unable to contact the military aircraft on guard and turned his air carrier B757 to maintain separation.

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Attributes
ACN	325380
Time
Date	199512
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : diw
State Reference	NC
Altitude	msl bound lower : 35000 msl bound upper : 36500
Environment
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zdc military facility : giantkille
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other
Flight Plan	IFR
Aircraft 2
Operator	other
Make Model Name	Military
Operating Under FAR Part	other : other
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
Experience	controller non radar : 1 controller radar : 7
ASRS Report	325380
Person 2
Affiliation	government : military
Function	other personnel other
Qualification	controller : military
Events
Anomaly	airspace violation : exit non adherence : published procedure other anomaly other
Independent Detector	other controllera
Resolutory Action	flight crew : returned to intended course or assigned course other
Consequence	Other
Miss Distance	horizontal : 48000 vertical : 1500
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation other

Narrative:

As the controller working diw super high (FL350 and above) I observed a mode C intruder at FL365 exit the warning areas into my airspace. I called giantkiller to tell them to get the aircraft back in the warning areas. They said they were trying to contact the aircraft. I then turned my aircraft, an air carrier B757 at FL350 to a 270 degree heading. He was over diw going south on AR14. The mode C intruder passed approximately 7-8 mi behind my traffic with 1500 ft separation. I tagged up the intruder and watched him making a slow sweeping left descending turn to the left and head back to the warning areas. More calls were made to giantkiller and they said they couldn't contact the ship that was running the operation offshore. I tried VHF guard to no avail. This is unsafe. It is inexcusable that communication is not available to safeguard a situation like this from getting worse.

Original NASA ASRS Text

Title: ARTCC RADAR CTLR OBSERVED A MIL ACFT SPILLOUT OF A WARNING AREA INTO PCA AND CLOSE TO AN ACR ACFT ON AN AIRWAY. CTLR COORD WITH A MILFAC WHO CTLS THE WARNING AREA AND THEY HAD NO CONTACT WITH THE MIL ACFT. ARTCC CTLR WAS UNABLE TO CONTACT THE MIL ACFT ON GUARD AND TURNED HIS ACR B757 TO MAINTAIN SEPARATION.

Narrative: AS THE CTLR WORKING DIW SUPER HIGH (FL350 AND ABOVE) I OBSERVED A MODE C INTRUDER AT FL365 EXIT THE WARNING AREAS INTO MY AIRSPACE. I CALLED GIANTKILLER TO TELL THEM TO GET THE ACFT BACK IN THE WARNING AREAS. THEY SAID THEY WERE TRYING TO CONTACT THE ACFT. I THEN TURNED MY ACFT, AN ACR B757 AT FL350 TO A 270 DEG HDG. HE WAS OVER DIW GOING S ON AR14. THE MODE C INTRUDER PASSED APPROX 7-8 MI BEHIND MY TFC WITH 1500 FT SEPARATION. I TAGGED UP THE INTRUDER AND WATCHED HIM MAKING A SLOW SWEEPING L DSNDING TURN TO THE L AND HEAD BACK TO THE WARNING AREAS. MORE CALLS WERE MADE TO GIANTKILLER AND THEY SAID THEY COULDN'T CONTACT THE SHIP THAT WAS RUNNING THE OP OFFSHORE. I TRIED VHF GUARD TO NO AVAIL. THIS IS UNSAFE. IT IS INEXCUSABLE THAT COM IS NOT AVAILABLE TO SAFEGUARD A SIT LIKE THIS FROM GETTING WORSE.

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.