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Old December 27th 06, 07:38 PM posted to rec.aviation.ifr
Steven P. McNicoll
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Default IFR Cancellation Question


"Mark Hansen" wrote in message
...

I'll try to lay it out for you.


Appreciate it.



Allen said:

Just like Mark said, pilot is in communication with ATC.

I have been in HKS airspace many a times without talking to tower while
manuevering around downtown Jackson at 2000 feet. I have always been in
contact with JAN during these times and never switched over to HKS.


to which you said:

We're not talking about those kinds of flights. We're talking about a
flight that intends to land at a towered field at the center of Class D
airspace


Doesn't that mean that you believe flights intending to land at the Class
D airport must be in communication with the tower before entering the
Class D airspace, while through-flights do not?


That's correct. The radar controller can coordinate flights through Class D
airspace with the tower but flights that are landing at the towered field
must be shipped to the tower prior to entering Class D airspace. See FAAO
7110.65 paragraphs 2-1-16.b. and c. below. If you're landing and you're
still on flight following when you cross the Class D boundary it's probably
because the radar controller forgot about you, but his error does not
absolve you of compliance with FAR 91.129(c)(1). Compliance with applicable
FARs is your responsibility.


FAA Order 7110.65R Air Traffic Control

Chapter 2. General Control

Section 1. General

2-1-16. SURFACE AREAS

a. Coordinate with the appropriate nonapproach control tower on an
individual aircraft basis before issuing a clearance which would require
flight within a surface area for which the tower has responsibility unless
otherwise specified in a letter of agreement.

REFERENCE-
FAAO 7210.3, Letters of Agreement, Para 4-3-1.
14 CFR Section 91.127, Operating on or in the Vicinity of an Airport in
Class E Airspace.
P/CG Term- Surface Area.

b. Coordinate with the appropriate control tower for transit authorization
when you are providing radar traffic advisory service to an aircraft that
will enter another facility's airspace.

NOTE-
The pilot is not expected to obtain his/her own authorization through each
area when in contact with a radar facility.

c. Transfer communications to the appropriate facility, if required, prior
to operation within a surface area for which the tower has responsibility.

REFERENCE-
FAAO 7110.65, Radio Communications Transfer, Para 2-1-17.
FAAO 7110.65, Surface Area Restrictions, Para 3-1-11.
FAAO 7110.65, Application, Para 7-6-1.
14 CFR Section 91.129, Operations in Class D Airspace.



What does VFR operations have to do with it? This is not a distinction
made by the regulations (if I'm wrong, please cite the reg).


You're wrong, I'll cite the regulation for you again:

§ 91.129 Operations in Class D airspace.

(c) Communications. Each person operating an aircraft in Class D airspace
must meet the following two-way radio communications requirements:

(1) Arrival or through flight. Each person must establish two-way radio
communications with the ATC facility (including foreign ATC in the case of
foreign airspace designated in the United States) providing air traffic
services prior to entering that airspace and thereafter maintain those
communications while within that airspace.


The regulation requires two-way radio communications to be established with
*the* ATC facility providing air traffic services prior to entering that
airspace. It's specific, it doesn't say *an* ATC facility providing
services. As you interpret the regulation, establishing radio
communications with ARR tower would authorize entry into the JVL Class D
airspace.