EWR IFR DEP DESCRIBED POSSIBLE TFR ENTRY WHEN COMPLYING WITH ATC DEP CLRNC.

Narrative

A TFR HAS BEEN ISSUED COVERING THE TIME PERIOD OF OUR DEP. THE TFR ENCOMPASSES AN AREA SURROUNDING THE BUILDING IN NYC INCLUDING MOST OF EWR'S EASTERN AIRSPACE AND DIRECTLY ON THE EWR 7 DEP FOR RWY 4L. CLRNC DELIVERY WAS QUERIED ABOUT GA ACFT DEP PROCS DUE TO THE TFR. CREW WAS ADVISED A HDG WOULD BE ASSIGNED BY GND CTL IN ORDER FOR GA TO REMAIN OUTSIDE THE TFR. (THIS WAS WITNESSED ON LNDG; AN HS125 DEPARTED AND WAS GIVEN A L TURN TO 340 DEGS DEPARTING FROM RWY 4L). ACFT WAS CLRED TO TAXI VIA TXWY Z; TXWY S; TXWY P; TXWY PA; SHORT OF TXWY PD. ACFT WAS HELD ON TXWY PA SHORT OF TXWY PD FOR 1 HR 28 MINS IN VMC DUE TO INDEFINITE DELAYS FOR GA DEPS. NO INFO OR TIME WAS GIVEN FOR DEP. AFTER THE DELAY; GND CTL ANNOUNCED THAT RELEASES WERE GIVEN AND THE ACFT WAS INSTRUCTED TO CONTACT TWR; NO HDG ASSIGNMENT WAS GIVEN. TWR CLRED THE ACFT INTO POS; AND FOR TKOF. FLT CREW REQUESTED A HDG. TWR'S RESPONSE 'FLY THE PUBLISHED SID.' FLT CREW ASKED WHETHER THE TFR WAS STILL ACTIVE. TWR'S RESPONSE 'FLY THE PUBLISHED SID.' ACFT TKOF WAS INITIATED; AND PF INITIATED A MAX EFFORT V2 IN AN ATTEMPT TO CLB BEYOND THE VERT BOUNDARY OF THE TFR. DEP CTLR GAVE THE FIRST INDICATION OF WHAT WAS OCCURRING. HE STATED THAT GA WERE BEING RELEASED THROUGH THE TFR ON A DISCRETE BASIS. WE ARE NOT POSITIVE AS TO WHETHER THE TFR WAS ENTERED -- ACFT CLB RATE AND DEP CTLR TURN MAY HAVE ALLOWED US NOT TO ENTER. WE ARE ALSO UNSURE ABOUT ATC'S AUTH TO ALLOW US TO TRANSIT THE TFR; ALTHOUGH AIRLINERS DO SO EVERY DEP. THIS IS A CLASSIC EXAMPLE OF POOR COM EXHIBITED BY MANY CTLRS IN SITUATIONS WHICH ARE NOT WITHIN NORMAL OPS. WE OPERATE AT EWR AND JFK ACTIVELY AND ARE FAMILIAR WITH THESE OPS. NEW YORK AREA TWR AND GND CTLRS TEND TO NOT COMMUNICATE WITH FLT CREWS EFFECTIVELY. IF QUESTIONS ARE ASKED; THEIR TYPICAL RESPONSE CAN BE HOSTILE AT TIMES. WE REALIZE THE ENORMOUS STRESS AND NEED TO MOVE ACFT; BUT ALL IN AVIATION ARE TASKED WITH THE SAFETY AND SECURITY OF OPS. IN THIS INCIDENT; A STATEMENT BY THE TWR CTLR THAT GA WAS RELEASED ON A DISCRETE BASIS WOULD HAVE BEEN SUFFICIENT. WE STILL NEED TO CLARIFY THEIR LEGAL AUTH TO DO SO FOR FUTURE OCCURRENCES. THE INCREASING USE OF TFR'S TO LIMIT GA TFC WHILE ALLOWING ACR OPS SHOULD BE A CONCERN FOR ALL IN AVIATION. CPR AVIATION MAINTAINS A SAFETY AND SECURITY RECORD COMPARABLE TO THE MAJOR AIRLINES. YET WE ARE SINGLED OUT AS A HIGHER THREAT; AND OUR OPS BECOME LESS SAFE WHILE ATTEMPTING TO COMPLY WITH TFR RESTRS WHICH CHANGE CONSTANTLY.