EMB-505 / Phenom 300
Flight Crew Air Transport Pilot (ATP)
ATC Issue All Types; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Air Traffic Control Issued New Clearance
Procedure
We were at 3000 MSL and being vectored by Houston Approach approximately 3 NM west of the lateral limit of Class B airspace in the vicinity of SEALY. The lower limit of the Class B airspace we were about to fly under was 4000 MSL so we slowed to 200 KIAS. Houston Approach told us he needed our best forward speed for spacing; and I replied 'The best I can give you is 200 KIAS because we're about to go under the Class B.' He replied; 'I run the Class B; and I need you to go faster for spacing.' I paused and gave the following reply; 'Unfortunately that's not a FAR you can waiver. You may tell me its okay to go faster; but the computer doesn't care. It detects a deviation and sends it up the chain-of-command. Then I get a letter in the mail.' He then said that he didn't realize that; and we can blame it on 'Big Brother.' We continued the visual approach under his control; at 200 KIAS; and landed uneventfully at SGR.FAR 91.117 (c) is pretty clear on this: 'No person may operate an aircraft in the airspace underlying a Class B airspace area designated for an airport or in a VFR corridor designated through such a Class B airspace area; at an indicated airspeed of more than 200 knots (230 mph).' The previous paragraph (a) allows the FAA Administrator to authorize airspeed above 250 knots below 10;000 MSL; and paragraph (b) allows ATC to authorize speeds faster than 200 knots when within 2500 ft/4 NM of Class C or D airspace. So it's logical to assume that if there was a waiver authority for 200 knots under the Class B it would be included in paragraph (c). But it's not there. This is the second time Houston Approach has unknowingly tried to get me to violate this FAR; and it's my second report specifically dealing with them. New York Approach also has a habit of doing this when flying into TEB. When I told New York Approach the same thing; I was broken out of my approach and given 'penalty vectors' to the end of the line. I don't believe controllers are maliciously trying to get pilots violated. I believe there is a lack of knowledge on their part about this FAR.
Phenom 300 Captain reported denying an instruction from ATC to speed up beyond the 200 kts restriction while below Bravo airspace.