Narrative:

I was working hampton sector when giant killer [military ATC] called me. They called on a hand off coming out of W105. They did not give the required 5 minute note per our LOA/SOP. He tried to hand off the fighter to me and I had nothing active in the host on the fighter. After searching I found a proposed flight plan. After a few moments I activated the flight plan. At this time he requested to exit W105 at FL270. This is against our LOA/SOP and I said unable. We agreed to take these flights at FL190 to ensure that we can keep them vertically separated from jfk arrivals that are descending head on with fighter's exiting the W105 airspace. He again said he is requesting FL270 for fuel. I restated that he is radar at FL200 and he can expect to cross blatt at 110; again per LOA/SOP with Y90. He said roger. He called back moments later saying he had an emergency hand off. Same aircraft fighter now was emergency status at FL270. I verified the emergency status with giant killer once again and then approved FL270. Then giant killer put the aircraft on clipper's frequency even though the aircraft was at 8;000 ft above their airspace. To avoid confusion; I told the clipper sector to keep him and pointed out traffic he needed to miss as well as coordinated his emergency status for fuel. Shortly after the emergency fighter exited the warning area he mentioned to the clipper controller that if he could just stay at FL270 and do a high approach he would no longer need emergency status. The controller told him he could not cancel his emergency status and proceeded to handle the fighter as emergency. Other aircraft were vector to avoid; and created mostly minor problems to other controllers. Here is my problem. We have had many issues with giant killer in the past; for example hand off's that are within a few miles from the common boundary; without any prior coordination. This is why we instituted a 5 minute note on aircraft leaving W105. We have also had problems in the past with these pilots going into W105 and then coming out because they are low on fuel. We have set procedures because ZBW and Y90 do not want these aircraft going direct to destination from W105 due to opposite direction traffic. So I personally have not approved any short cut requests from aircraft coming out of the warning areas. Now the pilot declared an emergency to get his request to go direct and stay at FL270. Then [the fighter] tries to tell us after the he is no longer an emergency if we allow him to violate our loas and SOP because he was playing war games over the ocean for 15 minutes longer than he should have. I find this to be a blatant abuse of the system. Recommendation; the pilots who are using W105 be instructed to return to base sooner as to not create an emergency situation. They should also be instructed on the current SOP/loas for W105 and departure and arrival procedures in order leave the warning areas with ample fuel to meet those agreed restrictions.

Google
 

Original NASA ASRS Text

Title: ZBW Controller described an emergency fuel event involving a military aircraft departing W105; the reporter claiming W105 user aircraft are declaring an emergency to receive altitude/routings other than agreed upon LOA's.

Narrative: I was working Hampton Sector when Giant Killer [military ATC] called me. They called on a hand off coming out of W105. They did not give the required 5 minute note per our LOA/SOP. He tried to hand off the fighter to me and I had nothing active in the host on the fighter. After searching I found a proposed flight plan. After a few moments I activated the flight plan. At this time he requested to exit W105 at FL270. This is against our LOA/SOP and I said unable. We agreed to take these flights at FL190 to ensure that we can keep them vertically separated from JFK arrivals that are descending head on with fighter's exiting the W105 airspace. He again said he is requesting FL270 for fuel. I restated that he is RADAR at FL200 and he can expect to cross BLATT at 110; again per LOA/SOP with Y90. He said roger. He called back moments later saying he had an emergency hand off. Same aircraft fighter now was Emergency status at FL270. I verified the emergency status with Giant Killer once again and then approved FL270. Then Giant Killer put the aircraft on Clipper's frequency even though the aircraft was at 8;000 FT above their airspace. To avoid confusion; I told the Clipper Sector to keep him and pointed out traffic he needed to miss as well as coordinated his emergency status for fuel. Shortly after the emergency fighter exited the Warning Area he mentioned to the Clipper Controller that if he could just stay at FL270 and do a high approach he would no longer need emergency status. The Controller told him he could not cancel his emergency status and proceeded to handle the fighter as emergency. Other aircraft were vector to avoid; and created mostly minor problems to other controllers. Here is my problem. We have had many issues with Giant Killer in the past; for example hand off's that are within a few miles from the common boundary; without any prior coordination. This is why we instituted a 5 minute note on aircraft leaving W105. We have also had problems in the past with these pilots going into W105 and then coming out because they are low on fuel. We have set procedures because ZBW and Y90 do not want these aircraft going direct to destination from W105 due to opposite direction traffic. So I personally have not approved any short cut requests from aircraft coming out of the warning areas. Now the pilot declared an emergency to get his request to go direct and stay at FL270. Then [the fighter] tries to tell us after the he is no longer an emergency if we allow him to violate our LOAs and SOP because he was playing war games over the ocean for 15 minutes longer than he should have. I find this to be a blatant abuse of the system. Recommendation; the pilots who are using W105 be instructed to return to base sooner as to not create an emergency situation. They should also be instructed on the current SOP/LOAs for W105 and departure and arrival procedures in order leave the warning areas with ample fuel to meet those agreed restrictions.

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.