Cpr X unauthorized airspace penetration. Possible operational deviation.

Attributes
ACN	247147
Time
Date	199307
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : blh
State Reference	CA
Altitude	msl bound lower : 40600 msl bound upper : 41000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zla artcc : czqx
Operator	general aviation : corporate
Make Model Name	Light Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
Experience	controller radar : 22
ASRS Report	247147
Person 2
Affiliation	government : faa
Function	oversight : supervisor
Qualification	controller : radar
Events
Anomaly	non adherence : published procedure other anomaly other
Independent Detector	other other : unspecified atc
Resolutory Action	none taken : anomaly accepted
Consequence	Other
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

Cpr X en route lax-aus apparently violated R2306A. Cleared direct elp, X was unable to reach FL410 prior to entering R2306A (released for use about FL410). X was within 3 NM of R2306A at FL406. I showed the violation to the assistant air traffic manager, who said 'well, it's close enough.' I told him it should be looked into, unless 300 ft is the approved criteria (cpr X now showed FL407). Later, I asked supervisor if he had investigated the incident. He said no, there was no violation because he saw cpr X approaching R2306A at FL408, even though 2 other controllers saw cpr X entering R2306A at FL407, at the time supervisor was observing it.

Original NASA ASRS Text

Title: CPR X UNAUTH AIRSPACE PENETRATION. POSSIBLE OPDEV.

Narrative: CPR X ENRTE LAX-AUS APPARENTLY VIOLATED R2306A. CLRED DIRECT ELP, X WAS UNABLE TO REACH FL410 PRIOR TO ENTERING R2306A (RELEASED FOR USE ABOUT FL410). X WAS WITHIN 3 NM OF R2306A AT FL406. I SHOWED THE VIOLATION TO THE ASSISTANT AIR TFC MGR, WHO SAID 'WELL, IT'S CLOSE ENOUGH.' I TOLD HIM IT SHOULD BE LOOKED INTO, UNLESS 300 FT IS THE APPROVED CRITERIA (CPR X NOW SHOWED FL407). LATER, I ASKED SUPVR IF HE HAD INVESTIGATED THE INCIDENT. HE SAID NO, THERE WAS NO VIOLATION BECAUSE HE SAW CPR X APCHING R2306A AT FL408, EVEN THOUGH 2 OTHER CTLRS SAW CPR X ENTERING R2306A AT FL407, AT THE TIME SUPVR WAS OBSERVING IT.

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.