Pilots Would Have To Be In Contact With ATC; TFR Still In Effect

On Friday, the National Transportation Safety Administration repeated its call for a permanent ban on VFR flights operating below the Class B airspace shelf over New York's East River, unless the aircraft is in communication with air traffic controllers.

In its Safety Recommendation A-07-38, the Board cites its recent ruling on the October 11, 2006 crash of a Cirrus SR20 into a Manhattan building. As ANN reported, the Board ruled the pilots onboard the aircraft -- NY Yankees pitcher Cory Lidle, and flight instructor Tyler Stanger -- failed to properly execute a 180-degree turn to reverse its course.

"This accident occurred in a complex section of airspace surrounding Manhattan Island, near three major air carrier airports and a variety of other general aviation facilities accommodating both fixed-wing and rotary-wing aircraft," the Board writes. "Because of the high density of air traffic in this area, the Federal Aviation Administration (FAA) has designated most of the airspace "class B," the second most restrictive designation for airspace in the United States. VFR operations are authorized below the class B airspace surrounding Manhattan Island in designated zones called the Hudson River and East River exclusion areas. The accident occurred as the pilots attempted a 180º turn maneuver in the East River exclusion area.

"According to the FAA, the purpose of the Hudson and East River exclusion areas (which were first defined in 1971) was to provide for VFR aircraft operations over the rivers for transiting, landing, or departing aircraft. Before the exclusion areas were defined, the floor of the class B airspace was typically at the surface of the rivers in the current areas of exclusion, and any aircraft operations over the rivers in these areas had to be coordinated with ATC. Seaplane and helicopter bases are currently located in or near these exclusion areas. At the time of the accident, fixed-wing, nonamphibious aircraft (such as the accident airplane) were not prohibited from operating in the exclusion area where the accident occurred, effectively requiring either a 180° turn to reverse course to avoid entering class B airspace or an ATC clearance to enter the class B airspace."

The NTSB notes the FAA published NOTAM 6/3495, restricting fixed-wing operations in the airspace above the East River, two days after the Lidle crash -- and that the NOTAM remains in effect. The NOTAM is intended to prevent airplane pilots from encountering a situation in which they must perform a 180º turn or other abrupt maneuver to avoid penetrating controlled airspace, and requires most VFR flight operations involving fixed wing aircraft to be in contact with ATC.

"The NOTAM is in effect until further notice;" the NTSB notes, "however, the charts for the area would not be changed until rulemaking action is completed."

The NTSB recommends the FAA make the current "temporary" restriction permanent, "and prohibit visual flight rules flight operations involving fixed-wing, nonamphibious aircraft in the New York East River class B exclusion area, unless those operations are authorized and being controlled by air traffic control."

FMI: Read The Full Recommendation