Narrative:

The problem arose during everyday banner operations at gpm while under the control of ATC. After being cleared by the tower for takeoff, and banner pickup, I made my 10 degree flap takeoff and tow hook release at about 40 ft. (The hook is attached to a 20 ft cable and attached to the tailwheel with a releasable hook.) moving over to the safety zone, I lined up on my pickup poles. (2 poles hold on to the banner tow rope between them.) crossing over the top at about 15 or 20 ft at about 80-85 mph indicated, I start a high angle full power climb to about 300-400 ft AGL. I then nosed the aircraft over and began a 60 mph climb. At this time I look back to see if I have made a successful pickup. In the first case it was. The problem however, was there was an FAA inspector there and he said that there was a taxiing aircraft at the far end of the area that might have been endangered if a rope had broke. I do not believe this to be true. The control tower that cleared me for the pickup does not see anything wrong, or anything that might have endangered any aircraft, person, or property if a rope had broke. I also have a letter from an FAA flight examiner that states that in his opinion he saw nothing wrong or unsafe about the banner operations. We are also conducting these operations in an area assigned to use in a LOA between the tower, the city, and the banner operators. The second banner pickup went much the same way. I was cleared for the takeoff and banner pickup. I took off, dropped my hook, and made my run. Crossing over the poles about 15 or 20 ft I went into my angle climb to about 300 or 400 ft and nosed the aircraft over and began my 60 mph climb. This time, when I was looking for the banner, the control tower advised me that I had missed. I requested close traffic for another try and they approved it. At this time I was 400 ft AGL while making the close traffic for another attempt. I never overflew any buildings or aircraft. The FAA inspector said I overflew buildings at 100 ft. Once again I was cleared by ATC for the pickup. After lining up for the pickup I saw a C175 taxing sbound on a parallel taxiway. Not wanting to alarm the FAA person, I moved well to the west over the edge of the runway to make separation, and then back to the east to complete my pickup. This pickup was successful and I left the area. The FAA says I flew too close to the taxiing aircraft in the pickup zone. Not true, the aircraft was well south of the pickup zone. I moved over to insure separation. The tower said there was no conflict, as with the pilot of the 175 who has written a letter ensuring the FAA that he and his aircraft were never in any danger. In my opinion, as well as others, the FAA inspector has little, if any experience in banner operations. Callback conversation with reporter revealed the following: reporter stated that he was cleared for the return to pick up his banner by the newly established airport control tower controller and noticed the taxiing aircraft near the edge of his flight path. He then deliberately moved over further while flying past the taxing aircraft to assure more lateral clearance. The other aircraft pilot even wrote a statement that he was not endangered. In addition, the tower controller stated that he believed that there was no traffic confliction either. When the reporter picked up the banner, it was not over any other aircraft operations or during the departure from the airport. Therefore, no aircraft, buildings or persons were endangered in case the banner was dropped during pickup or carrying it away during departure. The FAA has purposed certification action due to violation of 91.119 (minimum altitudes) and 91.13 (careless and reckless).

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Original NASA ASRS Text

Title: BANNER PICKUP BY TOW ACFT CONSIDERED UNSAFE FOR ANOTHER ACFT TAXIING NEARBY BY FAA INSPECTOR.

Narrative: THE PROB AROSE DURING EVERYDAY BANNER OPS AT GPM WHILE UNDER THE CTL OF ATC. AFTER BEING CLRED BY THE TWR FOR TKOF, AND BANNER PICKUP, I MADE MY 10 DEG FLAP TKOF AND TOW HOOK RELEASE AT ABOUT 40 FT. (THE HOOK IS ATTACHED TO A 20 FT CABLE AND ATTACHED TO THE TAILWHEEL WITH A RELEASABLE HOOK.) MOVING OVER TO THE SAFETY ZONE, I LINED UP ON MY PICKUP POLES. (2 POLES HOLD ON TO THE BANNER TOW ROPE BTWN THEM.) XING OVER THE TOP AT ABOUT 15 OR 20 FT AT ABOUT 80-85 MPH INDICATED, I START A HIGH ANGLE FULL PWR CLB TO ABOUT 300-400 FT AGL. I THEN NOSED THE ACFT OVER AND BEGAN A 60 MPH CLB. AT THIS TIME I LOOK BACK TO SEE IF I HAVE MADE A SUCCESSFUL PICKUP. IN THE FIRST CASE IT WAS. THE PROB HOWEVER, WAS THERE WAS AN FAA INSPECTOR THERE AND HE SAID THAT THERE WAS A TAXIING ACFT AT THE FAR END OF THE AREA THAT MIGHT HAVE BEEN ENDANGERED IF A ROPE HAD BROKE. I DO NOT BELIEVE THIS TO BE TRUE. THE CTL TWR THAT CLRED ME FOR THE PICKUP DOES NOT SEE ANYTHING WRONG, OR ANYTHING THAT MIGHT HAVE ENDANGERED ANY ACFT, PERSON, OR PROPERTY IF A ROPE HAD BROKE. I ALSO HAVE A LETTER FROM AN FAA FLT EXAMINER THAT STATES THAT IN HIS OPINION HE SAW NOTHING WRONG OR UNSAFE ABOUT THE BANNER OPS. WE ARE ALSO CONDUCTING THESE OPS IN AN AREA ASSIGNED TO USE IN A LOA BTWN THE TWR, THE CITY, AND THE BANNER OPERATORS. THE SECOND BANNER PICKUP WENT MUCH THE SAME WAY. I WAS CLRED FOR THE TKOF AND BANNER PICKUP. I TOOK OFF, DROPPED MY HOOK, AND MADE MY RUN. XING OVER THE POLES ABOUT 15 OR 20 FT I WENT INTO MY ANGLE CLB TO ABOUT 300 OR 400 FT AND NOSED THE ACFT OVER AND BEGAN MY 60 MPH CLB. THIS TIME, WHEN I WAS LOOKING FOR THE BANNER, THE CTL TWR ADVISED ME THAT I HAD MISSED. I REQUESTED CLOSE TFC FOR ANOTHER TRY AND THEY APPROVED IT. AT THIS TIME I WAS 400 FT AGL WHILE MAKING THE CLOSE TFC FOR ANOTHER ATTEMPT. I NEVER OVERFLEW ANY BUILDINGS OR ACFT. THE FAA INSPECTOR SAID I OVERFLEW BUILDINGS AT 100 FT. ONCE AGAIN I WAS CLRED BY ATC FOR THE PICKUP. AFTER LINING UP FOR THE PICKUP I SAW A C175 TAXING SBOUND ON A PARALLEL TXWY. NOT WANTING TO ALARM THE FAA PERSON, I MOVED WELL TO THE W OVER THE EDGE OF THE RWY TO MAKE SEPARATION, AND THEN BACK TO THE E TO COMPLETE MY PICKUP. THIS PICKUP WAS SUCCESSFUL AND I LEFT THE AREA. THE FAA SAYS I FLEW TOO CLOSE TO THE TAXIING ACFT IN THE PICKUP ZONE. NOT TRUE, THE ACFT WAS WELL S OF THE PICKUP ZONE. I MOVED OVER TO INSURE SEPARATION. THE TWR SAID THERE WAS NO CONFLICT, AS WITH THE PLT OF THE 175 WHO HAS WRITTEN A LETTER ENSURING THE FAA THAT HE AND HIS ACFT WERE NEVER IN ANY DANGER. IN MY OPINION, AS WELL AS OTHERS, THE FAA INSPECTOR HAS LITTLE, IF ANY EXPERIENCE IN BANNER OPS. CALLBACK CONVERSATION WITH REPORTER REVEALED THE FOLLOWING: RPTR STATED THAT HE WAS CLRED FOR THE RETURN TO PICK UP HIS BANNER BY THE NEWLY ESTABLISHED ARPT CTL TWR CTLR AND NOTICED THE TAXIING ACFT NEAR THE EDGE OF HIS FLT PATH. HE THEN DELIBERATELY MOVED OVER FURTHER WHILE FLYING PAST THE TAXING ACFT TO ASSURE MORE LATERAL CLRNC. THE OTHER ACFT PLT EVEN WROTE A STATEMENT THAT HE WAS NOT ENDANGERED. IN ADDITION, THE TWR CTLR STATED THAT HE BELIEVED THAT THERE WAS NO TFC CONFLICTION EITHER. WHEN THE RPTR PICKED UP THE BANNER, IT WAS NOT OVER ANY OTHER ACFT OPS OR DURING THE DEP FROM THE ARPT. THEREFORE, NO ACFT, BUILDINGS OR PERSONS WERE ENDANGERED IN CASE THE BANNER WAS DROPPED DURING PICKUP OR CARRYING IT AWAY DURING DEP. THE FAA HAS PURPOSED CERTIFICATION ACTION DUE TO VIOLATION OF 91.119 (MINIMUM ALTITUDES) AND 91.13 (CARELESS AND RECKLESS).

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.