Pilot avoiding sea gulls may have penetrated TCA.

Attributes
ACN	82292
Time
Date	198802
Day	Sun
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : jfk
State Reference	NY
Altitude	msl bound lower : 3800 msl bound upper : 3800
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	general aviation : corporate
Make Model Name	Small Aircraft, Low Wing, 2 Eng, Retractable Gear
Flight Phase	descent other
Flight Plan	None
Person 1
Affiliation	Other
Function	flight crew : single pilot
Qualification	pilot : private pilot : instrument
Experience	flight time last 90 days : 90 flight time total : 4500 flight time type : 1500
ASRS Report	82292
Person 2
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	inflight encounter other non adherence : far other anomaly other
Independent Detector	other flight crewa
Resolutory Action	flight crew : exited penetrated airspace none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

Departed republic airport at approximately XA00 am and proceeded northeast in a climb to 7500' to test repair of an exhaust gas temperature gauge. Contacted ny arsa on 126.95 and explained purpose of trip. Flew out over northport on a northeast course to 7500' up through scattered to broken clouds. Repair was satisfactory and we made a 180 degree turn and proceeded back toward farmingdale, advising approach and starting descent. On the descent, which was done at an airspeed just under the yellow arc, we descended below clouds. At that point we hit some moderate turbulence and noticed a large # of circling sea gulls below us. I reduced power and raised the nose. I maneuvered around some stray gulls and continued descent. Prior to descending below clouds approach advised, 'squawk 1200, no traffic between you and republic. Jfk is watching you. Have a good day.' on clearing the gulls I noticed that my altitude was 3800'. Feeling that I may have nicked the outside of the ny TCA, I tuned jfk and read 18 1/2 mi. It is possible that due to the birds delaying my descent that I penetrated part of the TCA. I am not sure that the statement 'jfk is watching you' was a tacit approval to enter the TCA on my descent. Callback conversation with reporter revealed the following: possible no incursion occurred. Pilot checked altitude quickly, but now feels he was in 4000' floor area at 3800'. Sea gull distraction and avoidance brief. No FAA contact.

Original NASA ASRS Text

Title: PLT AVOIDING SEA GULLS MAY HAVE PENETRATED TCA.

Narrative: DEPARTED REPUBLIC ARPT AT APPROX XA00 AM AND PROCEEDED NE IN A CLB TO 7500' TO TEST REPAIR OF AN EXHAUST GAS TEMP GAUGE. CONTACTED NY ARSA ON 126.95 AND EXPLAINED PURPOSE OF TRIP. FLEW OUT OVER NORTHPORT ON A NE COURSE TO 7500' UP THROUGH SCATTERED TO BROKEN CLOUDS. REPAIR WAS SATISFACTORY AND WE MADE A 180 DEG TURN AND PROCEEDED BACK TOWARD FARMINGDALE, ADVISING APCH AND STARTING DSCNT. ON THE DSCNT, WHICH WAS DONE AT AN AIRSPD JUST UNDER THE YELLOW ARC, WE DSNDED BELOW CLOUDS. AT THAT POINT WE HIT SOME MODERATE TURB AND NOTICED A LARGE # OF CIRCLING SEA GULLS BELOW US. I REDUCED PWR AND RAISED THE NOSE. I MANEUVERED AROUND SOME STRAY GULLS AND CONTINUED DSCNT. PRIOR TO DSNDING BELOW CLOUDS APCH ADVISED, 'SQUAWK 1200, NO TFC BTWN YOU AND REPUBLIC. JFK IS WATCHING YOU. HAVE A GOOD DAY.' ON CLRING THE GULLS I NOTICED THAT MY ALT WAS 3800'. FEELING THAT I MAY HAVE NICKED THE OUTSIDE OF THE NY TCA, I TUNED JFK AND READ 18 1/2 MI. IT IS POSSIBLE THAT DUE TO THE BIRDS DELAYING MY DSCNT THAT I PENETRATED PART OF THE TCA. I AM NOT SURE THAT THE STATEMENT 'JFK IS WATCHING YOU' WAS A TACIT APPROVAL TO ENTER THE TCA ON MY DSCNT. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: POSSIBLE NO INCURSION OCCURRED. PLT CHKED ALT QUICKLY, BUT NOW FEELS HE WAS IN 4000' FLOOR AREA AT 3800'. SEA GULL DISTR AND AVOIDANCE BRIEF. NO FAA CONTACT.

Data retrieved from NASA's ASRS site as of August 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.