37000 Feet | Browse and search NASA's Aviation Safety Reporting System |
|
Attributes | |
ACN | 613402 |
Time | |
Date | 200404 |
Day | Fri |
Local Time Of Day | 1201 To 1800 |
Place | |
Locale Reference | navaid : ahn.vortac |
State Reference | GA |
Altitude | msl bound lower : 11000 msl bound upper : 17500 |
Environment | |
Flight Conditions | VMC |
Light | Daylight |
Aircraft 1 | |
Controlling Facilities | artcc : ztl.artcc tracon : a80.tracon |
Operator | general aviation : corporate |
Make Model Name | Super King Air 200 HDC |
Operating Under FAR Part | Part 91 |
Flight Phase | climbout : intermediate altitude cruise : level |
Route In Use | enroute : on vectors |
Flight Plan | IFR |
Aircraft 2 | |
Operator | other |
Make Model Name | Fighter |
Operating Under FAR Part | Part 91 |
Flight Phase | cruise : level |
Person 1 | |
Affiliation | company : corporate |
Function | flight crew : captain oversight : pic |
Qualification | pilot : multi engine pilot : instrument pilot : cfi pilot : atp pilot : flight engineer |
Experience | flight time last 90 days : 100 flight time total : 4300 flight time type : 1000 |
ASRS Report | 613402 |
Person 2 | |
Affiliation | government : faa |
Function | other personnel |
Events | |
Anomaly | airspace violation : entry conflict : airborne less severe inflight encounter : turbulence non adherence : far non adherence : published procedure other spatial deviation |
Independent Detector | other flight crewa other flight crewb |
Resolutory Action | controller : issued advisory controller : issued new clearance flight crew : returned to intended or assigned course flight crew : exited penetrated airspace flight crew : took precautionary avoidance action |
Consequence | faa : reviewed incident with flight crew faa : investigated |
Supplementary | |
Problem Areas | ATC Human Performance Airspace Structure FAA |
Air Traffic Incident | Inter Facility Coordination Failure |
Narrative:
I filed 2 IFR flight plans with mcn FSS. The first from ahn to ssi and the second from ssi to pdk. Although I was departing from pdk, I filed my flight plan originating out of ahn due to reports of lower level turbulence and windshear in the atlanta area. While receiving my abbreviated briefing from mcn FSS, I was asked if I was familiar with the tfr southeast of athens. I initially stated yes, but then hesitated and questioned him by simply inquiring 'athens?' indicating I was unsure and wanted more information. I assumed that the tfr was not an issue and being southeast of athens it would not be in my flight path anyway. We dismissed any further discussion or explanation of the tfr. At no point did the mcn FSS briefer inform me what the tfr was due to, or its massive size, or the expansive area it covered. Had I been briefed of its nature, extended over 60 mi and up to an altitude of 17,999 ft, I would have asked many more questions. Nowhere was an fdc NOTAM published or even referenced tfr. Within 10 NM from pdk I picked up my IFR clearance in the air from atl departure. I received a discrete beacon code, was in radar contact, and was given an initial heading of 110 degrees and an initial climb to 8000 ft. Unaware of the tfr in effect at XA45, this initial heading of 110 degrees pointed me right toward the tfr. Atl departure climbed me to 11000 ft and told me he's having trouble getting the handoff to ZTL. Departure then told me to turn to a 220 degree heading in order to 'avoid ZTL's airspace,' suggesting only an inability to hand me off to center, not to avoid restr airspace. At no time did atl departure tell me of the tfr in my path. Being that it was a VFR day and to avoid any delays in the system, I suggested canceling IFR and told atl departure that maybe I could try and get the handoff to atl. Atl departure gave me ZTL's frequency of 124.45 and then asked me to squawk VFR. I initiated a climb to 17500 ft and turned direct to my destination of ssi (approximately a 165-170 degree heading) and called ZTL on 124.45. I reported my position 30 mi southwest of athens, told him that I had a previous squawk, an IFR clearance from atl departure, and just wanted to pick my clearance back up with him. ZTL indicated that he was having a difficult time finding my flight plan. At that time I changed my squawk to 1200. A few moments later, I noticed a military fighter jet out my window maneuvering. I instantly queried ZTL about the fighter and he immediately gave me a squawk. At some point he said the squawk again, because I inadvertently was squawking another squawk. At this point, the fighter began flying figure-8 patterns in front of my aircraft and proceeded to drop 4 flares. The controller then stated that I must be in a restr area (he was sounding just as confused as I was at that point). I continued at 17500 ft and my southerly course when ZTL gave me my IFR clearance to descend to 17000 ft and direct to ssi. It seemed to me that ZTL never knew of the tfr's existence, or of the fighter's presence until I made my query. At the very least, ZTL should have been in verbal contact with the fighter and informed him of my presence. At no point did the fighter attempt any verbal communication to me nor did ZTL explain why he was there, or place me on common frequency to determine the reason or resolution of this incident. I traversed no less than 3 sectors of ZTL's airspace and at no time did ZTL ever change my altitude or my course. They never informed me of a restr area, a tfr, nor explain of the fighter's intervention. Upon leaving the airspace of the third controller, I was finally given a phone number to call ZTL. Once on the ground, I called ZTL and got no answer or any way to leave a message. I had a message to call a special agent. He asked if I wouldn't mind talking to FAA representative. Nowhere in the fdc NOTAMS was anything published about this restr area or tfr. He then informed me that I was not the only pilot that this happened to today. There were many others that had penetrated the very same tfr. This comment was that 'it was a comedy of errors.' he made a point to tell me that after listening to the tapes, that I technically didn't violate the rulesset forth by the tfr because I was in communication with someone at all times. I finally got in touch with ZTL. We recounted the events. I informed him of the fact that I was on an IFR flight plan when I was turned toward the restr area and that I was in communication at all times with ATC. He said that he would include all these facts in his report and then tried to assure me that he didn't think that this would result in a violation due to all the extenuating circumstances and the numerous other pilots that had also penetrated the airspace.
Original NASA ASRS Text
Title: MIL AIR INTERCEPT ON A BE20 PLT WHEN MAKING AN UNCOORD PENETRATION OF A TFR 30 MI SW OF AHN, GA.
Narrative: I FILED 2 IFR FLT PLANS WITH MCN FSS. THE FIRST FROM AHN TO SSI AND THE SECOND FROM SSI TO PDK. ALTHOUGH I WAS DEPARTING FROM PDK, I FILED MY FLT PLAN ORIGINATING OUT OF AHN DUE TO RPTS OF LOWER LEVEL TURB AND WINDSHEAR IN THE ATLANTA AREA. WHILE RECEIVING MY ABBREVIATED BRIEFING FROM MCN FSS, I WAS ASKED IF I WAS FAMILIAR WITH THE TFR SE OF ATHENS. I INITIALLY STATED YES, BUT THEN HESITATED AND QUESTIONED HIM BY SIMPLY INQUIRING 'ATHENS?' INDICATING I WAS UNSURE AND WANTED MORE INFO. I ASSUMED THAT THE TFR WAS NOT AN ISSUE AND BEING SE OF ATHENS IT WOULD NOT BE IN MY FLT PATH ANYWAY. WE DISMISSED ANY FURTHER DISCUSSION OR EXPLANATION OF THE TFR. AT NO POINT DID THE MCN FSS BRIEFER INFORM ME WHAT THE TFR WAS DUE TO, OR ITS MASSIVE SIZE, OR THE EXPANSIVE AREA IT COVERED. HAD I BEEN BRIEFED OF ITS NATURE, EXTENDED OVER 60 MI AND UP TO AN ALT OF 17,999 FT, I WOULD HAVE ASKED MANY MORE QUESTIONS. NOWHERE WAS AN FDC NOTAM PUBLISHED OR EVEN REFED TFR. WITHIN 10 NM FROM PDK I PICKED UP MY IFR CLRNC IN THE AIR FROM ATL DEP. I RECEIVED A DISCRETE BEACON CODE, WAS IN RADAR CONTACT, AND WAS GIVEN AN INITIAL HDG OF 110 DEGS AND AN INITIAL CLB TO 8000 FT. UNAWARE OF THE TFR IN EFFECT AT XA45, THIS INITIAL HDG OF 110 DEGS POINTED ME RIGHT TOWARD THE TFR. ATL DEP CLBED ME TO 11000 FT AND TOLD ME HE'S HAVING TROUBLE GETTING THE HDOF TO ZTL. DEP THEN TOLD ME TO TURN TO A 220 DEG HDG IN ORDER TO 'AVOID ZTL'S AIRSPACE,' SUGGESTING ONLY AN INABILITY TO HAND ME OFF TO CTR, NOT TO AVOID RESTR AIRSPACE. AT NO TIME DID ATL DEP TELL ME OF THE TFR IN MY PATH. BEING THAT IT WAS A VFR DAY AND TO AVOID ANY DELAYS IN THE SYS, I SUGGESTED CANCELING IFR AND TOLD ATL DEP THAT MAYBE I COULD TRY AND GET THE HDOF TO ATL. ATL DEP GAVE ME ZTL'S FREQ OF 124.45 AND THEN ASKED ME TO SQUAWK VFR. I INITIATED A CLB TO 17500 FT AND TURNED DIRECT TO MY DEST OF SSI (APPROX A 165-170 DEG HDG) AND CALLED ZTL ON 124.45. I RPTED MY POS 30 MI SW OF ATHENS, TOLD HIM THAT I HAD A PREVIOUS SQUAWK, AN IFR CLRNC FROM ATL DEP, AND JUST WANTED TO PICK MY CLRNC BACK UP WITH HIM. ZTL INDICATED THAT HE WAS HAVING A DIFFICULT TIME FINDING MY FLT PLAN. AT THAT TIME I CHANGED MY SQUAWK TO 1200. A FEW MOMENTS LATER, I NOTICED A MIL FIGHTER JET OUT MY WINDOW MANEUVERING. I INSTANTLY QUERIED ZTL ABOUT THE FIGHTER AND HE IMMEDIATELY GAVE ME A SQUAWK. AT SOME POINT HE SAID THE SQUAWK AGAIN, BECAUSE I INADVERTENTLY WAS SQUAWKING ANOTHER SQUAWK. AT THIS POINT, THE FIGHTER BEGAN FLYING FIGURE-8 PATTERNS IN FRONT OF MY ACFT AND PROCEEDED TO DROP 4 FLARES. THE CTLR THEN STATED THAT I MUST BE IN A RESTR AREA (HE WAS SOUNDING JUST AS CONFUSED AS I WAS AT THAT POINT). I CONTINUED AT 17500 FT AND MY SOUTHERLY COURSE WHEN ZTL GAVE ME MY IFR CLRNC TO DSND TO 17000 FT AND DIRECT TO SSI. IT SEEMED TO ME THAT ZTL NEVER KNEW OF THE TFR'S EXISTENCE, OR OF THE FIGHTER'S PRESENCE UNTIL I MADE MY QUERY. AT THE VERY LEAST, ZTL SHOULD HAVE BEEN IN VERBAL CONTACT WITH THE FIGHTER AND INFORMED HIM OF MY PRESENCE. AT NO POINT DID THE FIGHTER ATTEMPT ANY VERBAL COM TO ME NOR DID ZTL EXPLAIN WHY HE WAS THERE, OR PLACE ME ON COMMON FREQ TO DETERMINE THE REASON OR RESOLUTION OF THIS INCIDENT. I TRAVERSED NO LESS THAN 3 SECTORS OF ZTL'S AIRSPACE AND AT NO TIME DID ZTL EVER CHANGE MY ALT OR MY COURSE. THEY NEVER INFORMED ME OF A RESTR AREA, A TFR, NOR EXPLAIN OF THE FIGHTER'S INTERVENTION. UPON LEAVING THE AIRSPACE OF THE THIRD CTLR, I WAS FINALLY GIVEN A PHONE NUMBER TO CALL ZTL. ONCE ON THE GND, I CALLED ZTL AND GOT NO ANSWER OR ANY WAY TO LEAVE A MESSAGE. I HAD A MESSAGE TO CALL A SPECIAL AGENT. HE ASKED IF I WOULDN'T MIND TALKING TO FAA REPRESENTATIVE. NOWHERE IN THE FDC NOTAMS WAS ANYTHING PUBLISHED ABOUT THIS RESTR AREA OR TFR. HE THEN INFORMED ME THAT I WAS NOT THE ONLY PLT THAT THIS HAPPENED TO TODAY. THERE WERE MANY OTHERS THAT HAD PENETRATED THE VERY SAME TFR. THIS COMMENT WAS THAT 'IT WAS A COMEDY OF ERRORS.' HE MADE A POINT TO TELL ME THAT AFTER LISTENING TO THE TAPES, THAT I TECHNICALLY DIDN'T VIOLATE THE RULESSET FORTH BY THE TFR BECAUSE I WAS IN COM WITH SOMEONE AT ALL TIMES. I FINALLY GOT IN TOUCH WITH ZTL. WE RECOUNTED THE EVENTS. I INFORMED HIM OF THE FACT THAT I WAS ON AN IFR FLT PLAN WHEN I WAS TURNED TOWARD THE RESTR AREA AND THAT I WAS IN COM AT ALL TIMES WITH ATC. HE SAID THAT HE WOULD INCLUDE ALL THESE FACTS IN HIS RPT AND THEN TRIED TO ASSURE ME THAT HE DIDN'T THINK THAT THIS WOULD RESULT IN A VIOLATION DUE TO ALL THE EXTENUATING CIRCUMSTANCES AND THE NUMEROUS OTHER PLTS THAT HAD ALSO PENETRATED THE AIRSPACE.
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.