2011-09 · NASA ASRS report 972233
An ARTCC Controller and the Captain of a B737NG had differing opinions as to why an ATC issued 'at and maintain 11;000' crossing restriction at BUZZY Intersection on the RASKL RNAV STAR to RDU is frequently not complied with when flights are cleared 'FOR' the STAR but not 'VIA' the STAR.
The RASKL1 RNAV STAR has been in effect for exactly one year now; for flights into RDU. And for one year; many dozens of aircraft have ignored a verbal ATC instruction to 'CROSS BUZZY AT AND MAINTAIN 11;000'. This restriction is an agreement with ZDC AND RDU in their Letter of Agreement. Today marks at least the twelfth aircraft I have personally worked in a year that has ignored that clearance; and instead; crossed BUZZY anywhere between 13;000 and 17;000 FT. I had two Air Carrier X flights an hour apart do this today alone. The latest was 14;500 over BUZZY; when I had issued 'CROSS BUZZY AT AND MAINTAIN 11;000'. Pilot correctly readback my clearance.I asked the pilot if the FMS was flying the plane. He said affirmative. I told him he was 3;500 FT high over BUZZY and he said it was his error. He said that the STAR on the FMS shows only an underlined altitude at BUZZY (he is correct). I told him that he had not been issued a 'descend via' clearance; so those altitudes did not apply. He apologized and no other aircraft were involved.I have to assume; since this is happening so frequently; that perhaps some pilots are not aware that unless 'descend via' is specifically given by ATC; that the altitudes on the STAR do not apply. What else could it be? This has huge safety implications; because there could have been traffic north of BUZZY; which would have led to a TCAS event or other serious situation. Clearly; after a year's time; this situation has not been addressed effectively. I have personally filed four safety reports on this subject. Today; I asked that pilot to relay to the Air Carrier X Chief Pilot of the issue; since their pilots seem to violate this so often. I don't know what else I can do to fix this problem. I was hoping by now; that the STAR would have been amended to reflect a mandatory crossing of 11;000.
On the RASKL SID [RNAV STAR] to RDU; the crossing restriction is 'at or above 11;000' at BUZZY. We had reviewed the arrival and confirmed the legs and altitudes. On descent we were given a change of BUZZY at 11;000 FT. We saw the 11;000 FT in the box but missed the 'A' for above. Just prior to BUZZY; Center asked us about the restriction and we realized we were high. ATC informed us this is a common crossing altitude missed by many of our company crews. He told us he has to hand us off at 11;000 at BUZZY. The Commercial Chart needs to be changed to an 'at altitude' and not an 'at or above.' We should have caught the 'A' and that is our fault; but with this occurring regularly we need to try to change the [RNAV STAR].
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Source: NASA Aviation Safety Reporting System (public domain). Reports are voluntary submissions and are not verified by NASA.
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