B787-900
ATC Issue All Types; Airspace Violation All Types; Deviation / Discrepancy - Procedural Clearance
Air Traffic Control Issued New Clearance
ATC Equipment / Nav Facility / Buildings; Procedure; Human Factors; Airspace Structure
Prior to the safety event there were factors contributing to the identification of the incident.LPAZ called and the Supervisor advised that AIDC [an automated process that accomplishes required ATC facility to ATC facility flight coordination.] had failed. I had over 10 aircraft in pending approval status with LPAZ. The priority at this time was to now verbally coordinate aircraft in close proximity to the boundary. After being told this I immediately advised the CIC that I needed my sector split; and that the AIDC failure had occurred. After passing several aircraft I received an override call from sector 65 with east bound initial coordination. There were complications in this coordination as well due to specific profile adjustments that weren't automatically forwarded from sectors 65s data to my data. At this time I realize that my sector queue has grown significantly and have to terminate the call with LPAZ with a few pending coordination's not accomplished. After quickly scanning the messages I get information urgently from the CIC that an aircraft has contacted ARINC/NY Radio and that Aircraft X is holding at position FISST. The aircraft was not cleared to hold by NY or TTZP and was acting on his own. The aircraft advised that they were doing this because they did not receive the Oceanic Clearance required to Enter Oceanic Airspace. This Oceanic Clearance only takes effect at 27n entering HLA not at 18n. Secondly this clearance is required to be issued by TTZP as part of the LOA between facilities. Since Aircraft X has now held over FISST company 15mins in trail is rapidly closing. The CIC coordinates with me while on the phone with ARINC to clear the aircraft to continue along his route. It appears the Aircraft X was 6mins in front of Aircraft Y at the time the clearance was issued to continue on previously cleared route. Once I was able to establish where the Aircraft X really was via his ADS-C report I immediately cleared them to FL400 and called ARINC to issue and immediate clearance to Aircraft Y to FL380. Aircraft Y was not on ARINC Freq and had not checked in; but I advised that the clearance needed to be sent as soon as practicable and they were reaching out to see if the plane was on any freq at the time.Also other notable contributions to sector complexity are the fact that the DLM had debuted this week and the building was not prepared for this even though Support Staff here knew this was going into effect and they had known of its implementation since 2011 yet proper measures; contingencies were not developed.Because of this the Oceanic areas had increased workload and are all operating under Article 65 of the Current CBA.Under no circumstances should [controllers] be allowed to let aircraft enter the expanded boundary of ZNY without receiving their Oceanic Clearance.In the Published NAT message ZNY attaches citations to the ICAO 444 and the AIP for the FAA that explicitly outline that all aircraft are not to hold without a clearance to hold from ATC (which is in those documents) Also the NOTAM system the FAA uses needs to be kept current and/or the Oceanic Clearance Procedures from the FAA be added or updated. Also those procedures for Oceanic Clearance be added to the published NAT message to users every day. Aircraft still to this day ask NY and NY Oceanic for an Oceanic Clearance that as far as the FAA is concerned they have already received. This may mean that ZNY puts out a specific NOTAM to all Users reminding them of the FAA Oceanic Procedures. It's been years since a route; has been issued by a ZNY Radar Controller to every aircraft entering Oceanic because it is no longer required yet pilots have not comprehended the procedure that the FAA developed; that is a major problem.
ZNY ARTCC Controller reported a link between ZNY and LPAZ Oceanic ATC had failed; complicating the traffic scenario and creating confusion.