Narrative:

Pilot checked on 'out of FL330 for FL240; to cross newes at or below FL270.' I was busy. Next transmission from that aircraft; 'we're at newes; trying to go down and slow down; and we're not going to make that rest.' mode C showed FL304; 3400 ft high! I only own up to FL270. My filter limits are set for a ceiling of FL282. This guy could have driven through a plane at FL290 that I would know nothing about! And TCAS wouldn't save him if it was one of the military tankers with an inoperative transponder; which is not uncommon in that vicinity. I cannot believe this flight crew would be so complacent -- 3400 ft high! Technology is great; but TCAS won't save you from another aircraft in class a airspace if the other guy's transponder is inoperative; not to mention the airspace violation of the overlying sector. And no advance warning? Calling me at newes to miss the newes restr does not give me sufficient time to make a pointout to the overlying sector (frequency congestion was not an issue).

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Original NASA ASRS Text

Title: ZBW CTLR DESCRIBED PLTDEV WHEN FLT CREW RPTED OVER DSCNT POINT 3400 FT ABOVE THE ALT ASSIGNMENT.

Narrative: PLT CHKED ON 'OUT OF FL330 FOR FL240; TO CROSS NEWES AT OR BELOW FL270.' I WAS BUSY. NEXT XMISSION FROM THAT ACFT; 'WE'RE AT NEWES; TRYING TO GO DOWN AND SLOW DOWN; AND WE'RE NOT GOING TO MAKE THAT REST.' MODE C SHOWED FL304; 3400 FT HIGH! I ONLY OWN UP TO FL270. MY FILTER LIMITS ARE SET FOR A CEILING OF FL282. THIS GUY COULD HAVE DRIVEN THROUGH A PLANE AT FL290 THAT I WOULD KNOW NOTHING ABOUT! AND TCAS WOULDN'T SAVE HIM IF IT WAS ONE OF THE MIL TANKERS WITH AN INOP XPONDER; WHICH IS NOT UNCOMMON IN THAT VICINITY. I CANNOT BELIEVE THIS FLT CREW WOULD BE SO COMPLACENT -- 3400 FT HIGH! TECHNOLOGY IS GREAT; BUT TCAS WON'T SAVE YOU FROM ANOTHER ACFT IN CLASS A AIRSPACE IF THE OTHER GUY'S XPONDER IS INOP; NOT TO MENTION THE AIRSPACE VIOLATION OF THE OVERLYING SECTOR. AND NO ADVANCE WARNING? CALLING ME AT NEWES TO MISS THE NEWES RESTR DOES NOT GIVE ME SUFFICIENT TIME TO MAKE A POINTOUT TO THE OVERLYING SECTOR (FREQ CONGESTION WAS NOT AN ISSUE).

Data retrieved from NASA's ASRS site as of January 2009 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.