SMT OPERATING IN ARSA; NOT IN CONTACT WITH APCH CTL; CAME VERY CLOSE TO ACR MLG DEPARTING THE PRIMARY ARPT.

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DURING FEB AND APRIL OF 1988 THERE WERE 2 INSTANCES OF VFR ACFT OPERATING WITHIN THE PHX ARSA WITHOUT HAVING ESTABLISHED TWO WAY RADIO COMMUNICATIONS WITH PHX APCH CTL. BOTH SITUATIONS WERE VERY DANGEROUS OPERATIONS; ONE INCLUDED A TFC ALERT BEING ISSUED TO AN MLG ON DEP OFF PHX. WHEN THE FAA ATTEMPTED TO PROCESS THESE PLTS FOR VIOLATIONS OF FAR 91-88 IT WAS DISCOVERED THAT BOTH PLTS HAD BEEN IN COMMUNICATIONS WITH SDL TWR (SATELLITE FACILITY) AND THEREFORE IT WAS DETERMINED THAT NO VIOLATION OF FAR 9/88 HAD OCCURRED. IT APPEARS THAT A PLT IS NOT REQUIRED TO BE IN TWO-WAY RADIO COMMUNICATION. WITH THE ATC FACILITY HAVING JURISDICTION OF THE ARSA WHILE OPERATING IN THE ARSA. THIS IS AN EXTREMELY DANGEROUS AND HAZARDOUS SITUATION. IT IS COMPLETELY UNSAFE AND UNDERMINES THE VERY NATURE AND INTENT OF ARSA AIRSPACE. THIS UNSATISFACTORY CONDITION HAS BEEN DOCUMENTED AND INCLUDED ON A VCR DATED 4-SUN-88. THE FOLLOWING PROPOSED SOLUTIONS WERE RECOMMENDED. (3-POSSIBLE). REQUIRE ALL TWR AND FSS CTLRS TO INCLUDE THE INSTRUCTIONS TO 'REMAIN OUTSIDE THE ARSA' WHEN ESTABLISHING TWO-WAY RADIO COMMUNICATIONS WITH ALL PLTS. CHANGE FAR 9/88 TO REQUIRE PLTS TO BE IN TWO-WAY RADIO COMMUNICATIONS WITH THE 'PARENT' ATC FACILITY HAVING JURISDICTION OF THE ARSA PRIOR TO OPERATING IN THE ARSA. CHANGE FAR 9/88 TO REQUIRE AN ACFT TO BE IN RADAR CONTACT PRIOR TO OPERATING IN THE ARSA. WITH ALL THE PROBLEMS THAT HAVE ALREADY SURFACED OUT OF THIS ISSUE. THIS APPEARS TO BE THE OVERALL BEST SOLUTION. SPECIFIC PHRASEOLOGY TO ENTER THE ARSA WOULD NOT BE REQUIRED BUT WOULD BE UNDERSTOOD TO BE AUTOMATIC ONCE RADAR CONTACT HAD BEEN ESTABLISHED. CALLBACK CONVERSATION WITH REPORTER REVEALED THE FOLLOWING INFORMATION: REPORTER STATED THAT HE HAS SEEN AND HEARD ABOUT NUMEROUS INCIDENTS CAUSED BY THE SITUATION OUTLINED IN HIS REPORT. THE FAR THAT ESTABLISHES AIRPORT RADAR SERVICE AREAS (ARSAS) STATES; IN PART; 'NO PERSON MAY OPERATE AN ACFT IN AN ARPT RADAR SERVICE AREA UNLESS TWO-WAY RADIO COMMUNICATION IS ESTABLISHED WITH ATC PRIOR TO ENTERING THAT ARSA AND IS THEREAFTER MAINTAINED WITH ATC WHILE IN THAT AREA.' (EMPHASIS ADDED BY ANALYST) THE PROBLEM ARISES IN THE PHX AREA BECAUSE ON NUMEROUS OCCASIONS ACFT HAVE BEEN OBSERVED OPERATING IN THE ARSA WITHOUT BEING IN TWO-WAY COMMUNICATION WITH PHX APCH CTL. IN SOME CASES; THESE ACFT HAVE PASSED VERY CLOSE TO IFR ACFT DEP AND ARR AT PHX. WHEN THE ATC FAC HAS INVESTIGATED THE INCIDENT; THEY HAVE FOUND THAT THE SUBJECT PLT HAS BEEN IN CONTACT WITH SCOTTSDALE TWR; LNDG VFR AT THAT ARPT. SINCE THE PLT IS IN CONTACT WITH ATC; FLT STANDARDS WILL TAKE NO ACTION TO EITHER COUNSEL OR TAKE ENFORCEMENT ACTION AGAINST THE PLT. RPTR THINKS THAT SOMETHING SHOULD BE DONE TO CORRECT THIS POTENTIALLY DANGEROUS AREA OF ARSA OPERATION. ANALYST AGREES. THE RPTR MADE SUGGESTIONS AND THEY ARE FOUND IN THE TEXT OF HIS REPORT.