Narrative:

Avl (field elevation 2;165 ft MSL) is located in an area designated as mountainous terrain; and as a result has over 30 separate and distinct MVA areas; ranging in altitude from 4;700 ft MSL to 8;900 ft MSL. The FAA air traffic safety office has recommended to the asheville tower air traffic manager that terrain is not an obstruction and as a result; he has prohibited ATC from operating under paragraph 5-6-3 of faao 7110.65; air traffic control; which allows for vectoring IFR departures below the minimum vectoring altitude (MVA). Aircraft X had departed avl on an IFR flight plan and was climbing slowly. The aircraft was approximately 11 NM northwest of the airport; before it reached an altitude where I was able to allow the pilot to proceed on course. At 18 NM north; the pilot was just leaving 5;700 ft MSL. I had to instruct the pilot to enter a holding pattern and continue climbing; as I could no longer allow him to continue on his course until he was out of 7;500 ft MSL (which is the MVA starting 20 NM north of avl). Prior to this change taking place; at this rate of climb; aircraft X would have been able to turn on course from runway heading when he was approximately 7 NM northwest; and would have been able to continue on course; without delay. This aircraft was unnecessarily and excessively delayed because of an incorrect interpretation of a paragraph in the air traffic control handbook. According to the pilot-controller glossary; the definitions of obstacle and obstruction include the term; 'terrain.'

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Original NASA ASRS Text

Title: AVL Controller voiced concern regarding a recent FAA determination that terrain is not an obstruction and that 7110.65 provisions covering same should not be applied to departure aircraft; reporter claimed slow climbing aircraft are unnecessarily delayed.

Narrative: AVL (Field Elevation 2;165 FT MSL) is located in an area designated as mountainous terrain; and as a result has over 30 separate and distinct MVA areas; ranging in altitude from 4;700 FT MSL to 8;900 FT MSL. The FAA Air Traffic Safety Office has recommended to the Asheville Tower Air Traffic Manager that terrain is not an obstruction and as a result; he has prohibited ATC from operating under paragraph 5-6-3 of FAAO 7110.65; Air Traffic Control; which allows for vectoring IFR departures below the Minimum Vectoring Altitude (MVA). Aircraft X had departed AVL on an IFR flight plan and was climbing slowly. The aircraft was approximately 11 NM northwest of the airport; before it reached an altitude where I was able to allow the pilot to proceed on course. At 18 NM north; the pilot was just leaving 5;700 FT MSL. I had to instruct the pilot to enter a holding pattern and continue climbing; as I could no longer allow him to continue on his course until he was out of 7;500 FT MSL (which is the MVA starting 20 NM north of AVL). Prior to this change taking place; at this rate of climb; Aircraft X would have been able to turn on course from runway heading when he was approximately 7 NM northwest; and would have been able to continue on course; without delay. This aircraft was unnecessarily and excessively delayed because of an incorrect interpretation of a paragraph in the Air Traffic Control Handbook. According to the Pilot-Controller Glossary; the definitions of obstacle and obstruction include the term; 'terrain.'

Data retrieved from NASA's ASRS site as of April 2012 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.