B206 news media pilot challenges FAA interpretation of far part 91 pt 137A(3).

Attributes
ACN	443831
Time
Date	199907
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : mvy.vor
State Reference	MA
Altitude	msl bound lower : 2000 msl bound upper : 6000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Operator	general aviation : corporate
Make Model Name	Jet Ranger/Kiowa/206
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Route In Use	enroute other
Flight Plan	VFR
Person 1
Affiliation	company : corporate
Function	flight crew : single pilot
Qualification	pilot : commercial
Experience	flight time last 90 days : 145 flight time total : 5150 flight time type : 5150
ASRS Report	443831
Person 2
Affiliation	government : faa
Function	other personnel
Events
Anomaly	inflight encounter other non adherence : far
Independent Detector	other flight crewa other other : person 2
Resolutory Action	controller : issued advisory
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance FAA Airspace Structure ATC Human Performance
Primary Problem	FAA
Situations
ATC Facility	procedure or policy : bdr.fss

Narrative:

Jul/xb/99, I was flying above the tfr area, 17.6 NM from mvy VOR at 3000 ft as requested. A little before XA00, the approach controller changed the tfr from 3000 ft to 6000 ft and we all complied, then the controller stated that a helicopter was below the tfr area, indicating that the tfr was only being used to prevent us from doing our job of shooting a video. About 1/2 hour after this, they changed the tfr again to 10 mi and infinite altitude. I have never heard of this type of restr before. I went back to fuel and called ANE530 after trying to get a hold of mr X, washington headquarters, to discuss the abuse of the part 91.137A(3) regulation. He was not in, so I called the bdr FSS. I called and we discussed the part 91.137A(2)&(3) subparts. After reading the regulation together, I was led to believe that I was reading the regulation properly. I was carrying accredited news media and filed my flight plans as required to enter the areas to shoot video. Jul/xc/99, I filed my flight plans to enter the areas and I stated in the remarks column that the reason for filing the flight plan was to comply with part 91.137A(3) as the tfr was listed. I continued to check with bdr FSS on the status of the tfr and at XA00 I was told it was now changed from a part 91.137A(3) to part 91.137A(1) and left the area. I feel the big problem with these tfr's is the controllers are not made aware that the news media are also supposed to be permitted into the area after filing a flight plan and maintain clear of rescue aircraft. From jul/xa/99 sunrise to jul/xd/99 at XA00 I only saw 2 rescue or recovery aircraft in the area and they were always below 500 ft. It is my opinion that controllers and coordinating personnel should be made aware of the various paragraphs in the part 91.137 regulation. Controllers just tell you they are not aware of the regulation and that is that, but as a pilot I could never plead ignorance of a regulation and continue doing my job.

Original NASA ASRS Text

Title: B206 NEWS MEDIA PLT CHALLENGES FAA INTERP OF FAR PART 91 PT 137A(3).

Narrative: JUL/XB/99, I WAS FLYING ABOVE THE TFR AREA, 17.6 NM FROM MVY VOR AT 3000 FT AS REQUESTED. A LITTLE BEFORE XA00, THE APCH CTLR CHANGED THE TFR FROM 3000 FT TO 6000 FT AND WE ALL COMPLIED, THEN THE CTLR STATED THAT A HELI WAS BELOW THE TFR AREA, INDICATING THAT THE TFR WAS ONLY BEING USED TO PREVENT US FROM DOING OUR JOB OF SHOOTING A VIDEO. ABOUT 1/2 HR AFTER THIS, THEY CHANGED THE TFR AGAIN TO 10 MI AND INFINITE ALT. I HAVE NEVER HEARD OF THIS TYPE OF RESTR BEFORE. I WENT BACK TO FUEL AND CALLED ANE530 AFTER TRYING TO GET A HOLD OF MR X, WASHINGTON HEADQUARTERS, TO DISCUSS THE ABUSE OF THE PART 91.137A(3) REG. HE WAS NOT IN, SO I CALLED THE BDR FSS. I CALLED AND WE DISCUSSED THE PART 91.137A(2)&(3) SUBPARTS. AFTER READING THE REG TOGETHER, I WAS LED TO BELIEVE THAT I WAS READING THE REG PROPERLY. I WAS CARRYING ACCREDITED NEWS MEDIA AND FILED MY FLT PLANS AS REQUIRED TO ENTER THE AREAS TO SHOOT VIDEO. JUL/XC/99, I FILED MY FLT PLANS TO ENTER THE AREAS AND I STATED IN THE REMARKS COLUMN THAT THE REASON FOR FILING THE FLT PLAN WAS TO COMPLY WITH PART 91.137A(3) AS THE TFR WAS LISTED. I CONTINUED TO CHK WITH BDR FSS ON THE STATUS OF THE TFR AND AT XA00 I WAS TOLD IT WAS NOW CHANGED FROM A PART 91.137A(3) TO PART 91.137A(1) AND LEFT THE AREA. I FEEL THE BIG PROB WITH THESE TFR'S IS THE CTLRS ARE NOT MADE AWARE THAT THE NEWS MEDIA ARE ALSO SUPPOSED TO BE PERMITTED INTO THE AREA AFTER FILING A FLT PLAN AND MAINTAIN CLR OF RESCUE ACFT. FROM JUL/XA/99 SUNRISE TO JUL/XD/99 AT XA00 I ONLY SAW 2 RESCUE OR RECOVERY ACFT IN THE AREA AND THEY WERE ALWAYS BELOW 500 FT. IT IS MY OPINION THAT CTLRS AND COORDINATING PERSONNEL SHOULD BE MADE AWARE OF THE VARIOUS PARAGRAPHS IN THE PART 91.137 REG. CTLRS JUST TELL YOU THEY ARE NOT AWARE OF THE REG AND THAT IS THAT, BUT AS A PLT I COULD NEVER PLEAD IGNORANCE OF A REG AND CONTINUE DOING MY JOB.

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.