UNGA TFR guidance

All,

I’ve been told that we are experiencing extremely heavy VFR volume on the CBA position due to the United Nations General Assembly TFR that is in effect. As always, the procedures are screwed up because we have no say in them and the extra workload is dumped on the controllers who work CBA each day. This is unfortunately creating a dangerous situation, especially due to the events of August 8^th when we realized that poor procedures can contribute to or cause collisions and loss of life, even in “see and avoid” airspace.

In light of the recent crash over the Hudson River involving two VFR aircraft, I am recommending to each controller who works CBA to key the briefing button and invoke Article 65 due to the unsafe procedures in place. Also, I am reminding you to be aware of the amount of aircraft you can safely provide separation services to. Since you have the aircraft under your control, on your tag and on your frequency, YOU WILL LIKELY BE IMPLICATED IF THERE IS A CRASH. If you cannot handle any more traffic, advise the aircraft or adjacent facility to remain clear of the Class B airspace and simply explain that you are too busy. I also suggest that you do not issue “radar contact” to aircraft that you are not required to. If the order states that they must “squawk and talk” then let them do that. Radar identification implies separation services. I suggest you say “squawk observed, no separation services will be provided, maintain V-F-R at all times”. I still suggest you do your best to prevent any observed conflicts to the best of your ability. We still have an obligation to the flying public to keep them as safe as possible, even in spite of FAA’s handicapping our mission.

On Tuesday and Wednesday of this week, FAA’s Rick Day and Hank Krakowski testified that it is not possible to safely provide separation services to the surface in the Hudson River exclusionary airspace due to technological limitations. Yet, FAA management at Newark is requiring you to do just that. This is unacceptable. We know there are distinct limitations to radar acquisition and radio communications in that area due to the tall buildings lining the river. FAA’s not letting the facts get in the way of its plans on this..it’s just plain dangerous.

I have spoken to Robert Lehmann and Jim Swanson about this and Jim said he will look into it and respond to me on Monday. I agreed to allow him the opportunity to correct this. If he does not, it will be on him if something happens. I will back this up in writing and BCC other entities to ensure follow up and accountability. Some of those entities are also getting this email and read our blog. I will also include Jim Swanson on this email…Hi Jim!

Please notify me immediately of any further issues that involve this TFR.

Fraternally,

Ray