Narrative:

I am a private pilot with my own aircraft, a 1946 luscombe 8A, which has no electrical system or advanced navigation/communication system. As such, it is without mode C transponder capabilities. I fly out ane which is in a northern suburb of metropolitan minneapolis, and falls within the class B 30 NM radar veil of the msp airport. Several months ago, while I was still a student pilot, I was informed by a FSS representative that my aircraft was restr from operating within the class B 30 NM veil area without a waiver due to its lack of mode C capabilities. Upon hearing this, my flight instructor and I contacted the FAA FSDO for clarification. At that time we were informed (verbally) by the FAA representative that a waiver was indeed required. I therefore, wrote to the FSDO for said waiver and received same a few weeks later. This waiver specifically prohibits operation of my aircraft under the msp class B veil except: 1) at 2200 ft MSL or below, 2) within ane class D airspace, or 3) directly north of ane until clear of class B veil. I was recently required to schedule a medical flight test with inspector of the FAA FSDO. In the process of making an appointment with him for this flight test, I was instructed by him to fly my aircraft VFR to lvn airport which is in a southern suburb of minneapolis. Lvn is also within the class B veil. I informed him (inspector) that I had been previously informed by a FSS representative and also the FAA that my aircraft was restr from flying under the class B 30 NM radar veil, except as stated specifically in the waiver. Inspector responded that 'whoever I spoke with didn't know what they were talking about...that there are lots of cubs and champs flying around within the 30 mi area without radios or xponders....' he proceeded to tell me that we would be doing my flight test at lvn and that I should plan on being there with my plane at XX00 CST apr/fri/97. On apr/fri/97 I flew from ane to lvn via a circular-direct route to the east of minneapolis. This course kept me out of the class B airspace (I remained underneath a portion of it at times) but still within the 30 NM radar veil at certain times. My approach, lndgs, and takeoffs at lvn were within the 30 NM veil area. I returned by the same route later that day without incident. I remain concerned that I was specifically directed to make this flight by an FAA representative, after being informed by another that my operations in this area are restr. I am further concerned over the lack of consistency and clarity presented by the FAA on this matter. On this basis, I am continuing to seek clarification from the local FSDO FAA office.

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Original NASA ASRS Text

Title: PLT OF A LUSCOMB 8A WAS GIVEN CONFLICTING INFO FROM FAA SOURCES WITH REGARD TO LEGALLY FLYING INTO AND OUT OF AN ARPT UNDERNEATH THE VEIL OF CLASS B AIRSPACE WITHOUT A XPONDER OR 2-WAY COM RADIOS. SINCE THE RPTR'S ACFT DID NOT HAVE AN ENG DRIVEN ELECTRICAL PWR SOURCE, HE WAS EXEMPTED FROM THAT REQUIREMENT PER SECTION 91 PT 215(B)(3) OF THE FAR. ALSO SEE ACN #366672 REGARDING THE SAME RPTR AND ACFT AIRWORTHINESS.

Narrative: I AM A PVT PLT WITH MY OWN ACFT, A 1946 LUSCOMBE 8A, WHICH HAS NO ELECTRICAL SYS OR ADVANCED NAV/COM SYS. AS SUCH, IT IS WITHOUT MODE C XPONDER CAPABILITIES. I FLY OUT ANE WHICH IS IN A NORTHERN SUBURB OF METROPOLITAN MINNEAPOLIS, AND FALLS WITHIN THE CLASS B 30 NM RADAR VEIL OF THE MSP ARPT. SEVERAL MONTHS AGO, WHILE I WAS STILL A STUDENT PLT, I WAS INFORMED BY A FSS REPRESENTATIVE THAT MY ACFT WAS RESTR FROM OPERATING WITHIN THE CLASS B 30 NM VEIL AREA WITHOUT A WAIVER DUE TO ITS LACK OF MODE C CAPABILITIES. UPON HEARING THIS, MY FLT INSTRUCTOR AND I CONTACTED THE FAA FSDO FOR CLARIFICATION. AT THAT TIME WE WERE INFORMED (VERBALLY) BY THE FAA REPRESENTATIVE THAT A WAIVER WAS INDEED REQUIRED. I THEREFORE, WROTE TO THE FSDO FOR SAID WAIVER AND RECEIVED SAME A FEW WKS LATER. THIS WAIVER SPECIFICALLY PROHIBITS OP OF MY ACFT UNDER THE MSP CLASS B VEIL EXCEPT: 1) AT 2200 FT MSL OR BELOW, 2) WITHIN ANE CLASS D AIRSPACE, OR 3) DIRECTLY N OF ANE UNTIL CLR OF CLASS B VEIL. I WAS RECENTLY REQUIRED TO SCHEDULE A MEDICAL FLT TEST WITH INSPECTOR OF THE FAA FSDO. IN THE PROCESS OF MAKING AN APPOINTMENT WITH HIM FOR THIS FLT TEST, I WAS INSTRUCTED BY HIM TO FLY MY ACFT VFR TO LVN ARPT WHICH IS IN A SOUTHERN SUBURB OF MINNEAPOLIS. LVN IS ALSO WITHIN THE CLASS B VEIL. I INFORMED HIM (INSPECTOR) THAT I HAD BEEN PREVIOUSLY INFORMED BY A FSS REPRESENTATIVE AND ALSO THE FAA THAT MY ACFT WAS RESTR FROM FLYING UNDER THE CLASS B 30 NM RADAR VEIL, EXCEPT AS STATED SPECIFICALLY IN THE WAIVER. INSPECTOR RESPONDED THAT 'WHOEVER I SPOKE WITH DIDN'T KNOW WHAT THEY WERE TALKING ABOUT...THAT THERE ARE LOTS OF CUBS AND CHAMPS FLYING AROUND WITHIN THE 30 MI AREA WITHOUT RADIOS OR XPONDERS....' HE PROCEEDED TO TELL ME THAT WE WOULD BE DOING MY FLT TEST AT LVN AND THAT I SHOULD PLAN ON BEING THERE WITH MY PLANE AT XX00 CST APR/FRI/97. ON APR/FRI/97 I FLEW FROM ANE TO LVN VIA A CIRCULAR-DIRECT RTE TO THE E OF MINNEAPOLIS. THIS COURSE KEPT ME OUT OF THE CLASS B AIRSPACE (I REMAINED UNDERNEATH A PORTION OF IT AT TIMES) BUT STILL WITHIN THE 30 NM RADAR VEIL AT CERTAIN TIMES. MY APCH, LNDGS, AND TKOFS AT LVN WERE WITHIN THE 30 NM VEIL AREA. I RETURNED BY THE SAME RTE LATER THAT DAY WITHOUT INCIDENT. I REMAIN CONCERNED THAT I WAS SPECIFICALLY DIRECTED TO MAKE THIS FLT BY AN FAA REPRESENTATIVE, AFTER BEING INFORMED BY ANOTHER THAT MY OPS IN THIS AREA ARE RESTR. I AM FURTHER CONCERNED OVER THE LACK OF CONSISTENCY AND CLARITY PRESENTED BY THE FAA ON THIS MATTER. ON THIS BASIS, I AM CONTINUING TO SEEK CLARIFICATION FROM THE LCL FSDO FAA OFFICE.

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.